Medical Negligence- Consumer Forum Awards Compensation of Rs. 25 lakhs for Wrong Medical Advice

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June 07, 2019

Case name: Mrs. Swapnil Mishra v. M/s Pushpanjali Healthcare and ors.

In the case, the complainant alleged against the Opposite Parties (comprising of hospital and doctors) that due to wrong advice and misdiagnosis she lost her baby. Accordingly, the complainant lodged complaint with the Consumer Forum for medical negligence and deficiency in service and also prayed for compensation in lieu inter alia medical negligence and cost of litigation.

The Delhi State Commission in view of facts and circumstances of the case which showcased gross negligence by the OP’s awarded compensation to the complainant to the tune of Rs. 25 lakhs. The Commission inter alia made the following essential observations pertaining to medical negligence in the case:

The Consumer Forum noted that a Doctor can’t be allowed to misguide the patient just for earning money. He is not expected to make the patient scared and advice unnecessary costly tests.

The Consumer Forum made reference to National Commission’s holding in CC no. 104/02 titled as Dr. (Ms.) Indu Sharma, I.P. Apollo Hospital, wherein the Commission held that birth of a child is a joyous occasion in the family. Unless they are able to see the child with all five toes of both hands and both legs in healthy condition, they are not satisfied. While referring to facts of the present case, the conduct of OP’s in marring the hopes of complainant to conceive a child for a long period showed the extent of culpability on the part of OP’s.

Finally, the Consumer Forum in the case ruled that the OP’s were guilty of medical negligence and deficiency in service and awarded the complainant compensation to the tune of Rs. 25 lakhs towards cost of hospital expenses, diagnosis tests, medicine and cost of litigation.

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