Indian
Express: Chandigarh: Tuesday, 28 April 2015.
For failing
to treat a 96-year-old woman for bedsores and preventing infections acquired
during treatment, the National Consumer Disputes Redressal Commission has
ordered Fortis Hospital, Mohali, to pay Rs 10 lakh for “medical negligence and
deficiency in service”.
Mohinder
Kaur, a resident of Sector 40, Chandigarh, and the mother of complainants
Manmohan Singh, Davinder Singh and Dr Pritpaul Singh, was admitted to the
hospital on July 30, 2010. She remained there up to September 13, 2010,
following complaints of dehydration and reduced oral intake.
The patient’s
family alleged that owing to failure of the hospital as well as the staff in
providing her proper medical care, she developed bedsores as well as other
infections. She died on September 14, 2010, after being discharged from the
hospital.
The
complainants alleged that after the discharge, the medical record of the
patient was not supplied, even after filing an RTI application. Getting no
satisfactory response to their representations, the complainants moved the
consumer commission.
Fortis, in
its reply to the commission, alleged that before performing any major or minor
surgery, the consent of the patient was taken. The detailed information was
given to the patient’s family with regard to the prognosis. The patient was
bed-ridden prior to admission. Therefore, she was at high risk of developing
bedsores. There was no deficiency in service on their part and the patient was
treated according to standard medical practice with due care and caution.
In an order
on October 1, 2014, the Punjab State Consumer Disputes Redressal Commission had
held Fortis liable for deficiency in service and causing medical negligence.
The hospital then filed an appeal in the national commission.
On the day of
the hearing, the commission, presided over by J M Malik, noted “bedsores are a
growing issue facing immobile and elderly patients of hospitals across the country.
The hospital staff owes heightened duty of care to such patients, by taking
reasonable steps to prevent the incidence of bedsores. Liability for such
bedsores and injuries is established when hospital nursing staff fail to
properly treat and manage bed-ridden patient”.
“The State
Commission has awarded the complainants with enough compensation and the
decision is upheld,” the bench added.
Fortis was
thus ordered by the commission to pay Rs 10 lakh in compensation within a
period of 45 days at 9 per cent interest.
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