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Apollo Hospital Shall Pay Rs 7 Lakh as Compensation for Medical Negligence: NCDRC - Law Trend

Source: , Posted On:   13 June 2021

Apollo Hospital Shall Pay Rs 7 Lakh as Compensation for Medical Negligence: NCDRC - Law Trend

The National Consumer Disputes Redressal Commission, on 11th June 2021 decided a case of Medical Negligence involving Apollo Hospital, Hyderabad.

Background:

The complainant, N. Shashank Reddy’s mother Kamala about 54 years (now deceased) had consulted two doctors at Apollo Hospital in 2009. It was revealed that the patient was suffering from a high-degree Glioma in her brain. As a treatment, the DeAngelis protocol was used to increase her survival chances by 2-3 years more. 

A bone marrow transplant was performed after which chemotherapy was started. It was stated that after the first round of Chemo, for next two days the MTX level was not monitored to rule out MTX toxicity. The rescue protocol for such mishap was also not monitored by the doctors for the proceeding 2 days.

After her discharge, the patient started feeling worse and was readmitted. It was seen that she had low blood Sodium. However, it took 9 days for the hospital to cure this, which is generally a task of 3 days. Further during the chemos the treatment protocol was also not followed by them.

At time of discharge too, only 2 shots of injection were prescribed instead of the recommended 7 shots. The patient again developed MTX toxicity and had to be admitted, which eventually led to bone marrow suppression and low blood counts. Her kidneys got affected and she had to be put on dialysis. However, she could not handle this and succumbed; only one month after her very first diagnosis. 

Aggrieved, a complaint was filed in the State Commission stating the ground that his mother suffered an untimely death due to the medical negligence of the treating doctors at Apollo.

The Andhra Pradesh Consumer Disputes Redressal Commission had directed Apollo Hospital to pay Rs.7 Lakhs along with an additional Rs.10,0000. It was against this order of 2013 that Apollo Hospital appealed.

Submissions:

The counsels appearing on behalf of Apollo and the respective doctors submitted that there was no negligence during the diagnosis and treatment of the patient. Her condition was highly deadly and needed aggressive treatment with chemotherapy; and that DeAngelis protocol was the best to treat it. It was also only after obtaining consent that the treatment was started. They insisted that best possible care was given and the complications could not be sorted.

However, the complainant insisted that medical negligence was caused by the hands of the doctors at Apollo and also brought attention to two expert opinions as well as an AIIMS report.

Decision: 

The bench consisting of Dr. S M Kanitkar & Dinesh Singh perused the evidence on record, AIIMS report, the expert opinion and medical literature consistent with the current issue. 

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They stated,

The doctors are bound to exercise that degree of care and skill which could reasonably be expected of a normal, prudent practitioner of the same experience and standing. If a practitioner presents himself or herself as a specialist, a higher degree of skill is required than of one who does not profess to be so qualified by special training and ability.”

Looking at the records placed and precedents cited, the bench dismissed the appeal treating the decision of the State board as appropriate and final.  

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Story by Sai Kulkarni – Intern

 

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