Not following Government Guidelines issued by Health Department would constitute Medical Negligence: NCDRC

Niraj Kumar Sindhu & Anr. Vs Fortis Hospital & Anr. (NCDRC Delhi)

Conclusion: In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) allowed the Revision Petition on the basis of ‘medical negligence’ as the Government Guidelines issued by Ministry of Health pertaining to Swine Flu was not followed properly which have resulted into death of the patient.

Facts: In present facts of the case, the Revision Petition has been filed by the Petitioners/ Complainants against Respondents/ Opposite Parties challenging the impugned Order dated 14.08.2015 passed by the State Consumer Disputes Redressal Commission, Lucknow, U.P., in Appeal bearing No. 2462 of 2011. Vide such Order, the State Commission allowed the Appeal while setting aside the Order dated 05.09.2011 passed by the District Consumer Dispute Redressal Forum, G.B. Nagar (U.P.) in Complaint No. 413 of 2010.

The brief facts of the case were that the father of the Complainant was a patient of kidney disease, and had gotten his first kidney transplanted on 10.06.2002 and the second one on 12.12.2003 after which he was leading a healthy life. It was the case of the Complainants that the deceased had experienced cough and fever on 07.12.2009 and was consequently, admitted to Opposite Party No.1/Hospital under the supervision of the Opposite Party No.2. Later, the deceased was discharged on 13.12.2009 but was again admitted in the Opposite Party No.1/Hospital on 18.12.2009 on facing problem in breathing and was again under the treatment of Opposite Party No. 2. All the tests and check-ups were conducted again, the deceased remained on oxygen and a problem was disclosed in his lungs whereafter, X-ray, ABG and CT-Scan were conducted. It was contended that neither the Opposite Party No.2 went through the reports nor treated the deceased accordingly. Thereafter, on 20.12.2009, blood started flowing from deceased’s nose and consequently, the deceased was admitted in the I.C.U. to conduct a test for H1N1. Thereafter, on 22.12.2009, the Complainant was informed by the Opposite Parties that the deceased was suffering from Swine Flu and further stated that the Opposite Parties would not be treating the deceased for Swine Flu. It was submitted that although the Opposite Parties took steps to transfer the deceased to another Hospital, however, they failed to examine and treat the patient properly, thoroughly and on time. It was further the case of the Complainants that the deceased was shifted to another Hospital on 23.12.2009 and Patient had subsequently, expired on 28.12.2009.

The Ld. District Forum vide its order dated 05.09.2011 allowed the Complaint and observed that the Opposite Parties never considered the patient for swine flu. It was stated that the Forum did not believe that if the test would have been done then the life of the patient would have been saved but it definitely was of the view that if the test for Swine Flu would have been done then a proper treatment could have been initiated. It was also observed that the Opposite Party Hospital knowingly disobeyed the directions of the Health Deptt. The Ld. District Forum was of the view that the treatment was given in a negligent manner and the level of treatment was very poor. Therefore, the Forum held awarded Rs. 3,64,075/- as compensation.

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