New Delhi: Taking note of the fact that no evidence had been filed to prove the treating doctors guilty, the State Consumer Disputes Redressal Commission (SCDRC) recently exonerated the Fortis Hospital, Delhi, and its doctors from charges of medical negligence while treating a patient suffering from multiple problems including hypertension, chronic kidney disease stage-V, advanced...

New Delhi: Taking note of the fact that no evidence had been filed to prove the treating doctors guilty, the State Consumer Disputes Redressal Commission (SCDRC) recently exonerated the Fortis Hospital, Delhi, and its doctors from charges of medical negligence while treating a patient suffering from multiple problems including hypertension, chronic kidney disease stage-V, advanced azotemia, bacterial pneumonia, and sepsis.

Although the complainants had challenged the treatment procedure adopted by the doctors in inserting Central Venous Catheter, dismissing the Complaint, the Commission noted, "It is clear from the record that there exists no evidence which would substantiate the claim of the Complainants that the treatment given to the patient by the Opposite Parties was not acceptable or was not used generally at the time when the patient was operated upon. The Complainants have even failed to establish that there was a lack of due care and caution on the part of the Opposite Parties either by oral or by documentary evidence, which are basically the essential requirements/ingredients for constituting a case of Medical Negligence covered under the Consumer Protection Act, 1986. Per contra, the Opposite Party has been diligent enough to prove their bonafide and also the fact that there was no negligence on the part of either of the Opposite Party."

Back in 2012, the patient, the mother of the complainants was suffering from breathlessness, cough and fever and consequently she got admitted to Apollo Hospital in Delhi for proper treatment. The treatment was proving to be successful as the patient was recovering at a good pace. However, since a private room was not available at the hospital, the complainants contacted Fortis Hospital and shifted the patient for the sole purpose of availing a private room.

Also Read: SC says doctors cannot be held negligent because they could not save patient

It was alleged by the Complainants that instead of shifting to a private room, the patient was taken to Intensive Care Unit (ICU) and several 'invasive procedures' had been performed by the doctors even though the complainants had clearly instructed otherwise. Such invasive procedures included 'Central Venous Catheter', which allegedly led to swelling around the patient's neck and also caused breathing difficulty.

They also claimed that even though the Blood Pressure of the patient started falling, the doctors did not try to investigate if the patient had developed intrathoracic bleedings secondary to multiple attempts for cannulation through her neck.

Barsha Misra has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes reading,writing and exploring new places.

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