3 weeks ago
NCDRC orders Ludhiana hospital, doctors to pay Rs 15 lakh
A woman went to a hospital because liquid was leaking from her nose.
The doctors did a small operation to fix the leak.
When the leak came back, they put a small tube in her back to help drain fluid.
After that, her legs hurt, felt numb, and became weak.
She lost the ability to move her legs completely.
A special court, called the consumer commission, looked at what happened.
The court said the hospital and two doctors were not careful enough in checking on her.
They waited too long before getting experts to look at her problems.
The court ordered them to pay the woman Rs 15 lakh as compensation.
The hospital must pay most of the money, and the order has to be followed by October 4.
The National Consumer Disputes Redressal Commission (NCDRC) held Satguru Pratap Singh Apollo Hospitals, Ludhiana, Dr M Deepender Singh and Dr Gaurav Kuthiala liable and ordered Rs 15 lakh compensation to Kiran Bala.
Kiran Bala was admitted in September 2011 after fluid leakage from her nose and underwent endoscopic repair for CSF rhinorrhoea; a lumbar drain was placed when the leakage recurred.
She developed worsening pain, numbness and weakness in her lower limbs that progressed to complete paraplegia with bladder and bowel involvement.
The commission cited a 'collective lack of urgency' in responding to her symptoms and 'some lack of transparency and clarity in the doctor's notes.'
The complainants had sought Rs 2 crore, but the commission found the claim excessive and awarded Rs 15 lakh with 6 per cent interest; the hospital bears 90 per cent of the liability and each doctor 5 per cent.
- Who
- Kiran Bala, a 36-year-old patient, and her husband Deepak Bansal, who filed the consumer complaint; the respondents were Satguru Pratap Singh Apollo Hospitals, Ludhiana, Dr M Deepender Singh and Dr Gaurav Kuthiala, with the National Consumer Disputes Redressal Commission delivering the ruling.
- What
- The NCDRC ordered the hospital and two doctors to pay Rs 15 lakh in compensation for failing to promptly respond to the patient's worsening pain and numbness after a lumbar drain, which led to paralysis.
- Where
- Ludhiana, India, where the treatment took place; the complaint was heard by the National Consumer Disputes Redressal Commission.
- When
- Kiran Bala was admitted on September 17, 2011; the commission announced its order on August 4.
- Why
- The commission found a 'collective lack of urgency' in monitoring the patient and seeking expert neurological advice after the lumbar drain was placed, amounting to deficiency in service.
Complainants' position
Hospital and commission's position
Compensation amount
Complainants' position
The complainants sought Rs 2 crore in damages, arguing it reflected the financial loss, mental agony and stress suffered.
Hospital and commission's position
The commission found the claim excessive and said the material on record did not establish a sufficient nexus between the amount claimed and the loss, awarding Rs 15 lakh instead.
Night-time medical visit
Complainants' position
The medical record showed continuing pain and numbness but no documented expert advice, treatment or investigation after the lumbar drain was placed.
Hospital and commission's position
The hospital maintained that Dr Deepender Singh visited the patient at around 9pm, though the commission noted the visit was not documented in the medical record.
Key facts
- Patient
- Kiran Bala, 36 years old
- Hospital held liable
- Satguru Pratap Singh Apollo Hospitals, Ludhiana
- Doctors held liable
- Dr M Deepender Singh and Dr Gaurav Kuthiala
- Compensation awarded
- Rs 15 lakh
- Compensation claimed
- Rs 2 crore
- Interest
- 6% per annum from the date of complaint; rises to 9% after October 4 if unpaid
- Liability split
- Hospital 90%, Dr Deepender Singh 5%, Dr Gaurav Kuthiala 5%
- Costs
- Rs 25,000 to be paid by the hospital
Quotes
Commission member Bharat Kumar Pandya
Member of the NCDRC
“The hospital system itself should have ensured speedier MRI and speedier expert-neuro advise…Our final conclusion is that there is collective lack of urgency with which the team of incharge experts and the hospital’s system could have responded.”
indianexpress.com
“Such caution and more involved and rigorous monitoring of the patient’s condition was imperative.”
indianexpress.com
Sources
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