Madhya Pradesh consumer forum directs hospital to pay ₹12.5 lakh for negligence resulting in death of former judge's wife

The District Consumer Disputes Redressal Forum at Shivpuri, Madhya Pradesh recently directly Birla Institute Of Medical Research (BIMR) Hospital to pay ₹12.5 lakh as compensation for causing the death of a former judge's wife due to medical negligence..A bench of Gaurishankar Dubey, Rajeev Krishna Sharma and Anju Gupta directed BIMR hospital to pay an amount of ₹11,77,560 along with interest of 9% per annum, as well as ₹50,000 for mental agony and ₹10,000 in litigation costs..The complainant, a retired district judge and at present, Chairman of the DCDRC Gwalior, had filed a complaint against BIMR Hospital through Advocate Anchit Jain.The complainant had sought CCTV footage and treatment papers from the hospital, after he did not receive the jewels of the wife, who passed away from COVID-19-related complications in the hospital. However, the hospital only provided him the treatment papers.After going through the treatment papers, the complainant claimed that there was medical negligence on the part of the hospital, and therefore, moved the consumer forum for relief..Counsel for complainant contended before the forum that as per the treatment papers, the patient was diagnosed with COVID-19 on the basis of a high-resolution computed tomography (HRCT) scan. However, no RT-PCR test was done to determine if patient was actually positive or not, he added.The deceased was given medicines that were not prescribed by the doctor, the counsel claimed. It was further argued that the deceased was billed for eight Remdesivir injections, suggesting that she was administered eight injections, when the government guidelines prescribed a maximum of six injections to a person..After noting the fact, the Commission found that there was deficiencies in the hospital's conduct, and it was thus due to the negligence of the institution which ultimately led to the death of the patient. On the argument that the patient was treated by a homeopathy doctor, though the hospital was administering allopathic treatment, the Commission found that there was malpractice on the part of the hospital for employing a homeopathic doctor in an allopathic institution..The hospital that as per the Supreme Court's ruling to prevent harassment against doctors, a judicial body must be first formed and a report must be provided in a case alleging medical negligence.While rejecting the contention, the Commission said that in the present case, a committee of three doctors headed by the Chief Medical Health Officer (CMHO) prepared a report on the case, so need arose for the formation of a separate committee..The Commission relied on a number of Supreme Court judgments to decide on the compensation to be awarded to the complainant..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.