The National Consumer Disputes Redressal Commission (NCDRC), comprising President Justice A.P. Sahi and Member Bharat Kumar Pandya, has held Metro Heart Institute with Multi Speciality, Faridabad, and Dr. Bhanwar Lal Kamawat liable for medical negligence in the death of a 39-year-old patient, Daksh Kumar, following hernia surgery.

The Commission found that while the operating surgeon was not negligent, the hospital failed to ensure adequate post-operative care and specialist assistance, and the attending doctor failed to conduct timely investigations to rule out pulmonary embolism.

Facts:

Daksh Kumar, aged 39, was admitted to Metro Heart Institute with Multi Speciality, Faridabad, on March 25, 2014, for treatment of an umbilical hernia. He underwent laparoscopic mesh hernioplasty that evening. While the hospital described his condition as an obstructive umbilical hernia, it was contended that the condition did not require emergency surgery.

A few hours after the surgery, Daksh Kumar began complaining of chest pain and uneasiness. His condition deteriorated during the night, and he was declared dead at around 6:00 a.m. on March 26, 2014, with pulmonary embolism identified as the cause of death. The allegations included inadequate post-operative monitoring, delays in conducting diagnostic tests, failure to provide timely specialist care and discrepancies in the medical records.

Following her husband's death, Smt. Parul filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC), alleging medical negligence and deficiency in service on the part of the hospital and treating doctors. The hospital and doctors denied the allegations, maintaining that the treatment provided was appropriate and that emergency measures were taken when the patient's condition deteriorated.

Hospital and Doctors' Contentions

The hospital and treating doctors denied the allegations, maintaining that the patient had an obstructive umbilical hernia and that the surgery was medically justified. They argued that his post-operative condition was initially stable and that his complaints of chest pain were appropriately investigated.

The hospital and treating doctors submitted that there were no clear indications of pulmonary embolism before the patient's sudden deterioration around 4:50 a.m. They contended that immediate emergency treatment and necessary investigations were undertaken thereafter. They also denied manipulating medical records and maintained that the treatment provided was consistent with accepted medical practice.

Observations and Decision:

The NCDRC held that the operating surgeon could not be held negligent for performing the hernia surgery. However, it found deficiencies in the post-operative care provided to the patient during the critical hours preceding his death.

The Commission observed that the hospital failed to ensure the availability of appropriate specialists, including cardiology or pulmonology assistance, when the patient's condition deteriorated. It also held Dr. Bhanwar Lal Kamawat negligent for failing to undertake appropriate investigations to rule out pulmonary embolism despite the patient's symptoms of chest pain and other indications of deterioration.

The Commission further noted discrepancies in the medical records, including the recorded timings of CPR and echocardiography, and found that the investigations conducted after the patient had collapsed were of no avail.

Holding Metro Heart Institute with Multi Speciality and Dr. Bhanwar Lal Kamawat liable for negligence in the patient's treatment, the NCDRC awarded a compensation of ₹20 lakh. Of this amount, ₹15 lakh is to be paid by the hospital and ₹5 lakh by Dr. Bhanwar Lal Kamawat.

The Commission directed the opposite parties to pay the compensation within three months, failing which interest at 6% per annum would apply from the date of default until payment.