Consumer commission sets aside forum’s order of compensation for medical negligence

New Delhi, Sep 1 (PTI) The Delhi State Consumer Disputes Redressal Commission has set aside a district forum order directing payment of compensation by St Stephen’s Hospital to a woman for medical negligence.

The commission, comprising President Justice Sangita Dhingra Sehgal and member Pinki, was hearing the appeal of the hospital against the March 2018 order of the North Delhi district forum holding the hospital negligent and directing a compensation of around Rs 1.08 lakh to the woman, including billed amount, medical charges, litigation cost, and compensation for the physical pain and mental trauma.

In an order dated August 26, the commission said, "The expert opinion categorically mentions that a higher incidence of surgical site infections is known to occur in diabetes, especially following open procedure, and keeping the same in mind, the treating doctors had advised the respondent (woman) a follow-up on July 13, 2007, which was disregarded by the patient and she returned to the hospital on July 15 with a surgical site infection." It said the patient's act of acting in contravention of follow-up advice amounted to contributory negligence.

"In such circumstances, it cannot be conclusively said as to what caused the surgical site infection; whether the infection was caused by the treating doctor's negligence or owing to the patient's failure in maintaining hygiene or failure in reporting to the hospital, or as a natural consequence of the patient's diabetic status," the commission said.

Underlining that the hospital could not be held responsible for negligence, the commission set aside the forum's order.

It, however, directed the hospital and its doctors to "ensure proper record keeping in the future" to avoid the situation where the woman's discharge sheet, besides being wrongly dated, did not mention that she was suffering from diabetes. PTI MNR RHL