The State Consumer Disputes Redressal Commission, Circuit Bench Nagpur has asked Wockhardt Hospital to pay Rs 20 lakh to the husband of a patient for alleged medical negligence. The commission has also asked the hospital group to pay 9 % interest from December 11, 2013 along with litigation expenses of Rs 20,000 to the petitioner Anil Gupta. The commission has held Wockhardt Hospital guilty of medical negligence when petitioner’s wife Mamta Gupta died in Hospital on December 12, 2011.
The complainant Anil Gupta submitted before the commission that his wife was admitted at Wockhardt Hospital on August 2, 2011 for medical consultation, investigation, treatment as she was suffering from headache. After CT scan it was discovered that she was suffering from “Hydrocephalus”. Thereafter a successful “VP Shunt Surgery” was conducted by Dr Shailesh Kelkar on August 11, 2011. The patient was under observation and was found to have been improved and was scheduled for the discharge on September 4, 2011. However, after the suggestions of the doctors patient Mamta was sent for scan before her discharge on September 3, 2011 and while shifting her on bed she was dropped on the ground by the hospital staff.
It was alleged that absolute negligence was observed when the patient was dropped by the hospital staff which was being used for “cleaning and dusting” of hospital floors. Only one nurse was present at the time of shifting and investigations. None of the doctors were present and patient was handled by cleaning staff without any qualification of nursing. It was alleged that the “hospital staff” deputed for patient care was incompetent and unqualified and acted in most negligent manner. It was submitted that as a result of fall the “VP SHUNT” was dislodged and the condition of the patient deteriorated immediately. In spite of repeated requests neither the specialist doctors attended the patient nor the CT Scan/ MRI was conducted till midnight. The patient suffered internal injury and developed a clot in the brain.
Counsel for complainant Tushar Mandlekar argued that negligent act of the hospital caused a life threatening injury to Mamta, which eventually led to her death. After developing the clot in brain the hospital did not bother to give correct treatment to the patient and operation was not performed immediately. On September 21, 2011 when the condition of patient worsened she was subjected to another surgery named as ‘Butt Hole Surgery’.
In spite of specialist doctors like Dr. Ajay Sakhare, Dr. Ajay Kurve, Dr. Ankur Jain, Dr. Shailesh Kelkar treating the patient she could not be saved. She died on December 12, 2011. The hospital argued that the patient was already suffering from cancer and was having treatment from Dr. Anand Pathak since 2011 and she died due to cancer. The Hospital filed affidavits of neurosurgeon Dr. Divik Mittal, oncologist Dr. Bhushan Nemade, neurophysician Dr. Saurabh Bilala, Dr. Amit Dhakoji , Dr. Ajay Kurve, Dr. Shailesh Kelkar {Neurosurgeon} Dr. Ankur Jain along with affidavits of Sunil Sahastrabuddhe Centre Head, K Sujata and other hospital staff.
The counsel for petitioner Tushar Mandlekar argued that one of the biggest private hospitals in the city has committed gross medical negligence in giving treatment to patient. There was a long delay of 17 days in calling neurosurgeon and giving treatment. The deceased Mamta fell down from stretcher due to sheer negligence of hospital staff which was not even qualified and competent to do nursing duties as per the Maharashtra Nursing Act. The serious head injury invited dislodgment of VP Shunt and called for burr hole surgery. The job of nursing was delegated to “cleaning staff” / “dusting staff” illegally and it is a fit case of “doctrine of res ipsa liqutor” and “doctrine of vicarious liability” The Hospital also manipulated the records so as to change “cause of death” of the patient.
The court held that although deceased Mamta was suffering from cancer she was not given proper treatment for brain injury. The Hospital even filed a complaint against the nurse to cancel her license for negligence in handling the patient. The reputed hospital has indulged in giving “negligent nursing services” and unqualified and incompetent staff was employed for nursing care defying Maharashtra Nursing Act. The fall of patient from stretcher is a result of negligent care which caused serious head injuries, sub dural hemotoma and death of the patient. The patient also suffered from Bed-sour during her stay in ICU.
The SCDRC found it a fit case of medical negligence and hospital was directed to pay the compensation of Rs 20 lakh along with 9% interest from December 11, 2013.
Adv. Tushar Mandlekar assisted by Adv. Rohan Malviya argued for the complainant. Adv. Geeta Handa Khanuja argued for Wockhardt Hospital.
