NCDRC Dismisses Medical Negligence Claim Against Kims Al-Shifa Hospital

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra allowed a revision petition by the hospital and overturned the State Commission's order of deficiency in service by the hospital. Brief Facts of the Case The complainant consulted a doctor during the early stages of her second pregnancy. The doctor assured her of a normal delivery but admitted her to Kims Al-Shifa Hospital when the due date passed without labor pains. To induce labor, a drug was administered, causing severe allergic reactions and requiring an emergency forceps delivery. After delivery, the complainant suffered complications, including massive bleeding, leading to a hysterectomy. She alleged that the doctor and hospital were negligent, claiming that the drug was administered without supervision and the delivery was conducted recklessly, causing a uterine rupture. She filed a complaint before the District Commission, alleging negligence by the doctor and hospital and sought compensation for the harm caused. The District Commission dismissed the complaint, prompting the complainant to appeal before the State Commission of Kerala. The State Commission allowed the appeal and directed the doctor and the hospital to pay Rs. 2,00,000 as compensation and Rs. 50,000 as litigation costs. Consequently, the doctor and the hospital filed a revision petition before the National Commission. Contentions of the Opposite Party The doctor and hospital denied all allegations, stating that the complainant did not experience labor pains past the expected delivery date, so labor induction was recommended to prevent fetal distress. After admission, cerviprime was applied, followed by Pitocin, which was stopped when she showed an allergic reaction. The doctor and hospital denied claims of a mismatched blood transfusion, explaining that her husband initially provided the wrong blood group. They asserted that cross-matching was done, and since AB- donors were unavailable, compatible negative blood was safely transfused. They maintained that there were no errors in her treatment or the transfusion process. Observations by the National Commission The National Commission observed that the key issue was whether the doctor or the hospital were negligent or deficient in treating the complainant. Initially, several allegations were made, but only the matter of incorrect blood transfusion was considered. No negligence was shown as there was independent verification by the hospital of the right blood group before transfusion and a medically acceptable alternative was administered. On the issue of the qualifications of the doctor, it was not disputed that the doctor was a qualified gynecologist listed in the Indian Medical Register with the right to practice throughout India. After reviewing all facts, no medical negligence or deficiency was found. The complaint was dismissed and the earlier order was set aside. Case Title: Dr. Nayan Thara Vs. Subaida Case Number: R.P. No. 1492/2019 Click Here To Read/Download The Order

NCDRC Dismisses Medical Negligence Claim Against Kims Al-Shifa Hospital

Ayushi Rani

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