The Mohali District Consumer Disputes Redressal Commission has directed Max Super Speciality Hospital and Dr. Harjinder Singh Bhatoe, Senior Director and Head of Department, to jointly pay Rs 3.25 lakh, along with 9% annual interest, to a Chandigarh resident in a case involving unfair trade practices, medical negligence, and deficiency in service dating back to 2020.
The commission also ordered the hospital authorities to pay Rs 1 lakh as compensation and Rs 50,000 towards litigation costs to the complainant, Krishna Rani (74), wife of the late Prem Nath
According to the complaint, a resident of Sector 40, Prem Nath (76), was admitted to Max Super Speciality Hospital and underwent surgery for “degenerative LCS and histesis.”
He was treated at the hospital from March 19, 2020, to April 6, 2020. The complainant alleged that his condition worsened after the procedure, leaving him bedridden, and he eventually passed away on January 31, 2021.
It was further alleged that the hospital charged Rs 5,93,129 for what was claimed to be the same operation conducted twice. The complaint also stated that Prem Nath had been fully independent and able to carry out his daily activities prior to his admission.
The commission, in its order dated March 5, said, “it is evident that the deficiency in service and unfair trade practices on the part of the Ops is writ large... A second surgery for the same issue, necessitated by the failure of the first due to poor planning or lack of diagnosis, proves a deficiency in services. Charging again for the same procedure that failed due to the Ops negligence is an “unfair trade practice” in addition to negligence."