Order Date: Not Specified
Order Name: Premdatt Chopra Vs. Fortis Hospital
Case No.: C.C No. 1014/2015
The National Consumer Disputes Redressal Commission, led by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, recently dismissed a complaint against Fortis Hospital. The Commission ruled that minor errors or accidents do not amount to negligence for medical professionals if they followed accepted medical practices at the time.
Background of the Case
The complainant’s wife initially visited Fortis Hospital for a cough and cold and consulted a pulmonary surgery specialist. She was later admitted for a fractured ankle and was under the care of an orthopedic surgeon, who also recommended knee replacement surgery. Despite being a high-risk patient, both surgeries were performed. Post-surgery, the patient’s low calcium levels were not addressed, leading to severe pain, infections, and other complications. Despite repeated hospital admissions and substantial medical expenses, her condition worsened. She eventually died after being refused admission by Fortis Hospital and was taken to another hospital. The complainant filed the case alleging medical negligence, which caused immense suffering and distress for the patient and her family.
Hospital’s Defense
The pulmonary surgeon, who had been treating the patient since 1999, stated that she was initially admitted with chronic lung and kidney disease exacerbations. When she was admitted again due to dizziness, falls, and ankle pain, the surgeon recommended admission under an orthopedist, but the patient and her family insisted on his continued care. An X-ray revealed an ankle fracture, leading to a decision for surgery. Additionally, due to knee issues, the surgeon recommended and performed knee replacement surgery with the patient’s and her husband’s consent. Post-surgery, the patient was discharged in a stable condition. The hospital and doctors denied any negligence and sought the dismissal of the complaint.
Commission’s Observations
The National Commission referenced the Supreme Court’s decision in Jacob Mathew v. State of Punjab (2005) 6 SCC 1, which defined negligence as a breach of duty due to an act of omission or commission that a reasonable person would or would not do. For medical professionals, negligence involves three components: duty, breach, and resulting damage. However, simple errors, lack of care, or accidents don’t constitute negligence if the medical professionals adhered to accepted practices at the time. This principle is based on the knowledge available during the incident, not at the time of the trial. The Commission upheld these principles as seen in cases like Kusum Sharma v. Batra Hospital & Medical Research Centre (2010) 3 SCC 480 and Arun Kumar Manglik v. Chirau Health & Medicare Private Ltd. (2019) 7 SCC 401. Consequently, the complaint was dismissed.
Takeaway
This judgment highlights that minor errors or accidents do not equate to medical negligence if accepted medical practices were followed. It’s crucial for patients and their families to understand that the standard of care is based on the knowledge and practices at the time of treatment, not during the trial.
