NCDRC: Death Of Former CJI J.S. Verma Cannot Be Attributed To The Treatment Given By Doctors, Complaint Filed By Wife And Children Dismissed

The National Consumer Dispute Redressal Commission (NCDRC) absolved the doctors and the hospitals involved in the treatment of Late Justice J.S. Verma, Former Chief Justice of India (CJI) and Chairman of the National Human Rights Commission (NHRC). Justice Verma passed away in 2013. He’s known for heading a three-member panel which suggested modifications to criminal legislation in response to the 2012 Nirbhaya gangrape incident. The NCDRC referred to relevant literature, medical records, reports, opinion of the Medical Council of India (MCI) and the catena of Supreme Court decisions in cases of medical negligence, to hold that the doctors took reasonable care and due diligence during the treatment and the unfortunate death of Justice Verma cannot be attributed their actions.Facts:Justice J.S. Verma, former Chief Justice of India and Chairman of the National Human Rights Commission was diagnosed with coronary artery disease in 1993. In November 2012, he had abnormal liver function test results and developed swelling in his left leg. He sought treatment at Bhardwaj Nursing & Maternity Home (“Bhardwaj Hospital”), where he was diagnosed with atrial fibrillation by Dr Sanjiv Bharadwaj. The tests revealed severe liver dysfunction and abnormal blood clotting. Medications were prescribed, but during a follow-up visit, Justice J.S. Verma reported bleeding episodes in early April 2013, which were not investigated further. During a visit to Mumbai, he experienced significant gastrointestinal bleeding and was admitted to Fortis Escorts Heart Institute upon his return to Delhi. Dr Sanjiv Bharadwaj treated him and performed an endoscopy, which identified and treated an ulcer causing the bleeding. However, multiple blood and plasma transfusions led to fluid overload in his lungs, resulting in breathing difficulties. Complications like low calcium levels were not effectively managed. On the recommendation of Dr Sanjiv Bharadwaj, along with Dr Yugul Mishra and Dr Arvind Bharadwaj, Justice J.S. Verma was transferred to Medanta Medicity, Gurgaon (“Medanta”). Unfortunately, inadequate management at Medanta failed to address the underlying issues, and he suffered a cardiac arrest, ultimately passing away.The wife and the children of Justice J.S. Verma (“Complainants”) filed a complaint before the Medical Council of India (MCI) against the doctors for negligence and professional misconduct for not exercising due care while treating Justice J.S. Verma. The same was referred to Delhi Medical Council (DMC) which dismissed on 10.06.2014. The complainants approached the NCDRC with a complaint on 10.04.2015.Contentions of the Complainants:The complainants alleged that Dr Piyush Jain of Fortis Hospital failed to prescribe a liver ultrasound despite significant abnormalities in the liver test report. This failure to follow medical protocol delayed the diagnosis of Justice J.S. Verma’s ‘liver cirrhosis’. At Bhardwaj Hospital, Dr. Sanjiv Bhardwaj wrongly prescribed a tablet called ‘Dabigatran’, without thorough analysis of Justice J.S. Verma’s medical reports. The incorrect combination of medications resulted in fatal bleeding and multiple organ failure, leading to his demise. Multiple blood and plasma transfusions at Fortis Escorts Heart Institute caused a fluid overload in his lungs. Moreover, the doctors at Medanta failed to address reversible factors promptly, leading to a cardiac arrest. Despite the evidence, no magnesium dose was prescribed. After Justice Verma’s death, the family faced mental trauma and distress due to breaches of patient privacy and issues with medical ethics by Dr Naresh Trehan, Chairman of Medanta.Contentions of the Opposite Parties:In response to the allegations, Dr V.A. Bhardwaj, the owner of Bhardwaj Hospital and family doctor of Justice J.S. Verma, stated that consultation and recommendation were obtained from highly qualified doctors in the United Kingdom before administering the tablet ‘Dabigatran’. Dr Sanjiv Bhardwaj, another doctor at Bhardwaj Clinic, mentioned that the reports of Justice J.S. Verma did not indicate any evidence of specific medical conditions, and appropriate treatment was provided based on the available information. Fortis Hospital stated that Justice J.S. Verma was stable upon admission, and he was transferred to Medanta at the family's request. Dr Naresh Trehan, Chairman of Medanta, argued that the complainants concealed certain facts regarding the medical condition and treatment. The remaining doctors at Medanta denied the allegations and provided justifications for their actions or any omissions during Justice J.S. Verma’s treatment.Observations by the Commission:The NCDRC perused the Liver Functions Test (LFT) report of Justice J.S. Verma and observed that there was no evidence suggesting an active liver disease and in the absence of any such indication, the doctors did not recommend an abdominal ultrasound (USG) to Justice J.S. Verma. As a result, the NCDRC absolved Dr Piyush...

NCDRC: Death Of Former CJI J.S. Verma Cannot Be Attributed To The Treatment Given By Doctors, Complaint Filed By Wife And Children Dismissed

Smita Singh

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