The National Consumer Disputes Redressal Commission (NCDRC), led by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, dismissed a complaint against Fortis Hospital, ruling that minor errors or accidents do not amount to medical negligence if accepted practices were followed.
Case Summary
The complainant’s wife visited Fortis Hospital with symptoms of cough and cold and consulted a pulmonary surgery specialist. She was later admitted with a fractured ankle and, under the care of an orthopedic surgeon, was advised to undergo knee replacement surgery. Despite being a high-risk case, both surgeries were performed. Post-surgery, her low calcium levels were overlooked, resulting in severe complications. Despite repeated hospitalizations and significant expenditure, her condition deteriorated due to alleged negligence and mistreatment. Ultimately, she died after being refused admission by Fortis and transferred to another hospital. The complainant filed a consumer complaint alleging medical negligence, which caused significant pain, trauma, and distress to both the patient and her family.
Hospital’s Defense
The pulmonary surgeon testified that he had been treating the patient since 1999 for chronic lung and kidney issues. Upon the patient’s admission with dizziness, falls, and ankle pain, he recommended orthopedic care, though the patient and her family preferred his involvement. An X-ray confirmed an ankle fracture, prompting surgery. Additionally, the surgeon advised a total knee replacement due to knee issues, which the patient and her husband consented to. After surgery, the patient was discharged in stable condition, and the orthopedic surgeon continued her care. The hospital and doctors disputed the claims, seeking dismissal of the complaint.
NCDRC’s Observations
The NCDRC referenced the Supreme Court’s definition of negligence in Jacob Mathew v. State of Punjab (2005) 6 SCC 1, which describes negligence as a breach of duty due to an act or omission that a reasonable person would or would not perform. For medical professionals, negligence involves duty, breach, and resulting harm. However, it is distinct from general negligence, where minor errors or accidents do not qualify as negligence if standard practices were followed at the time. The standard of care is evaluated based on knowledge available at the time of the incident, not during the trial. This perspective was reinforced in subsequent rulings, such as 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 NCDRC dismissed the complaint.
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