The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in a petition filed by Paras Hospital, held that a medical professional is not liable simply because of an error in judgment if the chosen treatment was reasonable.
Brief Facts of the Case
The complainant's wife was admitted to Paras Hospital due to severe respiratory and cardiac issues. Under a doctor's care, she was diagnosed with multiple severe conditions and discharged with incomplete treatment. After a brief readmission, she suffered a cardiac arrest but was revived and placed on a ventilator. Despite her severe infection, a CRT-D device was implanted by the doctor with questionable motives, leading to her transfer to another doctor. The complainant's request to transfer her to another hospital was denied. The patient's condition worsened, and she died shortly after. The complainant claims the pacemaker caused her death due to medical negligence and was overcharged for the procedure and doctor's fees. He filed a complaint before the District Forum seeking Rs. 13,00,000 in compensation. The District Forum allowed the complaint and held the hospital liable for deficiency in service, directing them to refund the amount of the CRT-D device and pay Rs. 25,000 for compensation. Aggrieved by the District Forum's order, the hospital appealed to the State Commission of Haryana, which was dismissed. Consequently, the hospital filed a revision petition before the National Commission