Every complication suffered by patient can’t be considered negligence: Delhi consumer court

New Delhi, Sep 10 (PTI) Every complication suffered by a patient cannot be considered medical negligence on the face of it, a consumer court has said, dismissing a complaint against Max Super Speciality Hospitals in Patparganj here.

Sufficient material or medical evidence should be made available before an adjudicating authority to conclude that the injuryor complication suffered is due to medical negligence, the Delhi State Consumer Disputes Redressal Commission said.

It was hearing a complaint that claimed that after meeting with an accident on March 23, 2016, patient Sidharth Jain went to the hospital where significant time was wasted and no first aid was provided to him in the golden hour.

In an order dated September 4, the Commission, comprising its president, Justice Sangita Dhingra Sehgal, and member Pinki, noted the medical documents, according to which the patient was administered proper treatment and referred to the plastic surgery department for his knee wound.

It said that thereafter, the patient, Sidharth Jain, did not cooperate for further medical investigations and requested leave against medical advice, and the discharge sheet reflected that he was duly informed of the risks and consequences.

The Commission said that after leaving at 5:30 AM, Jain got himself readmitted at 5:46 AM, after which the plastic surgery team advised him of a two-staged surgery, conducted some tests and asked that a pre-anaesthesia check-up and operation theatre protocol be followed.

The Commission, noting the record, said that Jain, however, did not heed the advice and, instead, took leave against medical advice on the same day at 5:26 PM.

"In our view, the aforesaid conduct of the complainant amounts to contributory negligence as he failed to adhere to the course of treatment as advised by the treating doctors." "Therefore, it cannot be conclusively said as to whether the complications suffered by the complainant are a result of his own negligence or that of the opposite party hospital," the commission said.

It said that Jain had alleged negligence in "vague words" without any cogent evidence, which fell short of establishing any wrongdoing by the hospital.

"The onus of proving negligence lies on the complainant, and in the case in hand, no expert opinion has been placed on record to show that the conduct of the opposite party fell below the standard level of medical practice," the commission said.

It said an expert opinion would have established whether there was any negligence.

"Sufficient material or medical evidence should be made available before an adjudicating authority to conclude that the injury/complication suffered is due to medical negligence. Every complication suffered by a patient cannot, on the face of it, be considered to be medical negligence," the commission said, dismissing the complaint. PTI MNR RT