Medical Negligence ;NCDRC Dismisses Appeal Filed BY Mata Chanan Devi Hospital

The National Consumer Dispute Redressal Commission (NCDRC) presided by Mr. Subhash Chandra, and Dr. Sadhna Shanker, has dismissed the appeal filed by the appellant Mata Chanan Devi Hospital, while upholding the State Commission's order thereby confirming medical negligence on the hospitals part. The commission also reaffirmed that, “a medical practitioner is expected to bring a reasonable degree of skill and knowledge and must also exercise a reasonable degree of care and caution in treating a patient.” Brief Facts On January 16, 2011, the complainant Sajjan Singh was injured in a railway accident and was taken to the Base Hospital, where he was initially refused treatment as he was an ex-serviceman but was nevertheless provided first aid. Thereafter, he was referred to Mata Chanan Devi Hospital wherein there was delay in care and treatment. Ultimately, both legs were amputated, with a length greater than initially indicated. The complainant alleged medical negligence, claiming that timely treatment could have reduced the extent of amputation and that post-operative care was inadequate. The Mata Chanan Devi hospital contested by arguing that the amputation was necessary due to the injuries sustained in the accident and that proper procedures were followed. They also claimed the complaint was barred by limitation. The State Commission ordered both hospitals to jointly pay Rs. 10 lakhs in compensation to the complainant, along with interest @3.5% per annum, citing negligence in the treatment process. Mata Chanan Devi Hospital then appealed the decision of the State Consumer Dispute Redressal Commission (SCDRC). The main issue in the appeal was whether there was deficiency in service on the part of the hospital (Mata Chanan Devi) and doctors in treating the patient. Appeal before NCDRC During the appeal by Mata Chanan Devi Hospital, the hospital's counsel argued that the complainant's case (Sajjan Singh) was barred by limitation and that surgery was delayed due to high blood sugar levels. They asserted that the treatment was adequate and in line with international standards. In contrast, the complainant's (Sajjan Singh) counsel maintained that the Base Hospital had only provided first aid and thereafter Chanan Devi Hospital delayed necessary surgery for over 32 hours post admission in emergency ward in the hospital, which constituted negligence. They also highlighted that the complainant was discharged despite having a fever. Observations The NCDRC found that there was no documented evidence of high blood sugar and that the delay in surgery was unjustified. It noted that the complainant suffered from fever at discharge, indicating inadequate post-operative care. The Commission ruled that the hospital's negligence was evident throughout the treatment process, including the decision to discharge the patient prematurely. It also said that the principles of medical negligence that, “a medical practitioner is expected to bring a reasonable degree of skill and knowledge and must also exercise a reasonable degree of care and caution in treating a patient.” was well established through several judgments by this Commission and the Hon'ble Supreme Court of India in Jacob Mathew vs. State of Punjab (2005) 6 SCC 1 and Indian Medical Association Vs. V.P. Shantha (1995) 6 SCC 651. Thus, the NCDRC upheld the State Commission's order, concluding that the hospital failed to provide the requisite standard of care. The appeal which was filed by Mata Chanan Devi Hospital was thereby dismissed by the NCDRC as being meritless. Case title- Mata Chanan Devi Hospital v. Sajjan Singh Case number- 739/2021 Advocates for Appellant- Mr. S. C. Buttan, Mr. Ojasvi Annadi Shambhu Advocate for Respondent- Mr. Satish Kumar Click Here To Read/Download The Order

Medical Negligence ;NCDRC Dismisses Appeal Filed BY Mata Chanan Devi Hospital

Apoorva Pandita