Chandigarh Consumer Commission Orders Healing Hospital And Its Three Doctors To Pay ₹50 Lakh Compensation For Medical Negligence Resulting In Finger Amputation

The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising of Amrinder Singh Sidhu, President and Brij Mohan Sharma, Member has held Healing Hospital and Institute of Paramedical Sciences and three doctors liable for medical negligence for referring patient in a critical and unstable condition. The Commission also awarded a compensation of Rs.50 Lakhs to the complainant. Facts of the Case: Complainant, a 45-year-old woman resident of Mohali, Punjab was admitted to the Healing Hospital on 25 November 2020 with a gastro-related problem (headache, vomiting, stomach ache and back pain) was recruited. During treatment, doctors inserted a cannula into his left arm. After this, the complaint of swelling and pain in the hand increased. On the night of November 28, the pain intensified, but the doctors limited it to light medicine and dressings, calling it normal. The next day, on November 29, the woman's hand became blue and numb. When the condition worsened, the doctors started the surgery but left it midway and referred the patient to PGI, Chandigarh. The family members alleged that they were not told the seriousness of the situation and the patient was sent by ambulance with an open wound. During treatment at PGI, four fingers of the woman's left hand had to be amputated and a certificate of 85% permanent disability was issued. Contentions of the Complainant: The complainant argued that due to the serious negligence of the hospital and the doctors, her fingers were cut off and disabled for life. She alleged that neither the cannula was removed at the right time nor the standard medical protocol was followed. She argued that the hospital left the operation midway and referred her with an open wound, which worsened her condition. The complainant sought a total compensation of ₹1.51 crore which included medical and travel expenses, cost of future bionic hands, medicines, pain and suffering and compensation for mental trauma. Contentions of the Hospital and Doctors: The allegations of medical negligence were specifically denied by the Opposite Party. The hospital and doctors termed the complaint as false and frivolous, stating that the patients were already suffering from infections, low haemoglobin and other health problems. They argued that there was no negligence in the placement and treatment of the cannula, the family was given complete information and the operation was started only after taking written consent. When severe symptoms appeared, it was necessary to send a higher centre to PGI. Observation by the Commission: The Commission observed that the patient was admitted to the hospital with gastro-related issues and her hand was completely healthy at the time of admission. Signs of swelling, pain, and discoloration appeared only after the cannula was inserted, but these were ignored and not addressed in a timely manner. According to standard medical protocol, the cannula should have been immediately removed and a proper examination conducted, which was not done. The hospital's decision to abandon the surgery midway and refer the patient to PGI with an open wound was deemed serious negligence. The Commission also noted that the hospital's failure to collect ambulance and other bills indirectly indicated an acknowledgment of fault. Supporting evidence, including 85% disability certificates and photographs, further substantiated the claim of negligence. Accordingly, the Commission ordered Healing Hospital and its doctors (OP No.1 to 4) to pay a joint compensation of Rs. 50 lakh to the complainant. The payment must be made within 45 days, and in case of delay, the outstanding amount will accrue interest at 9% per annum until fully paid. Click Here To Read/Download The Order

Chandigarh Consumer Commission Orders Healing Hospital And Its Three Doctors To Pay ₹50 Lakh Compensation For Medical Negligence Resulting In Finger Amputation

Praveen Mishra

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