Rs 8-lakh fine for negligence

The deceased patient was admitted with his nose bleeding, but died hours later. Eleven years later, the court cited negligence and deficiency of service while awarding the Rs 8-lakh compensation

New Delhi: The National Consumer Commission has awarded a compensation of Rs 8 lakh to the family of a 23-year-old man who died due to negligence of a charitable hospital 11 years ago. The patient, who turned up at the hospital complaining of a bleeding nose, died within hours of his admission there as he was allegedly treated by an under-qualified doctor.

The Commission’s presiding member, S N Kapoor and member Rajyalakshmi Rao pulled up Hans Charitable Hospital for medical negligence and deficiency, which led to the death of Jai Dev Kumar, and said: “When a patient is admitted in the hospital, it is done with the belief that he will be treated by doctors qualified under the Indian Medical Council Act, 1956. It is not in the knowledge of the relatives of the patient that he is being treated by a Unani Specialist.” “We hold it as a case of deficiency in service and negligence by the hospital for leaving the patient in the hands of a Unani doctor. There was a total lack of coordination between the physician, ENT specialist, RMO and the hospital authorities in the treatment given to the deceased. A young 23-year-old post-graduate lost his life for a simple complaint of nose bleeding,” said the Commission. “We feel that an amount of Rs 7.5 lakh would be an appropriate amount of compensation in face of peculiar facts and circumstances. The complainant is also entitled to a compensatory amount of Rs 25,000 and an additional Rs 25,000 for medical expenses,” said Kapoor and Rao.

As regards fixing the liability, the Commission said: “We have to hold the hospital mainly responsible. They had employed an unqualified doctor to administer and provide allopathic treatment to the patient. Dr Rehan (who treated the victim) did not even produce his registration certificate with Delhi Chikitsa Board. Employing such an unqualified person and further allowing him to treat complicated and emergency cases is gross negligence on the part of he hospital,” it added.

In its defence, the hospital claimed that Dr Asha Hans, a senior resident medical officer, was in fact, looking after the patient and that Dr Rehan acted under her instructions. “There is no evidence on record whatsoever for this,” the Commission said, dismissing the plea.

Jai Dev Kumar was taken to the hospital on October 19, 1996 by his brother Jai Kishan Kumar as he was suffering from fever. He tested negative for malaria and later died in the hospital His postmortem report stated that he died due to choking as a consequence of collection of blood due to nasal bleeding.

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