New Delhi: The National Consumer Commission
has directed Hyderabad-based Apollo hospital and a doctor to
pay Rs two lakh compensation to a patient for not conducting
proper diagnostic tests which delayed his surgery for spinal
cord dysfunction.
The apex consumer body held that the hospital also failed
to register past medical history on discharge summary of the
complainant Kethiri Sai Reddy.
"While no medical negligence can be attributed to the
neuro physician in respect of his diagnosis and treatment, he
was negligent in not considering further diagnostic tests to
ascertain the cause of the patient`s repeated complaints of
shoulder and neck pain during his first round of in-patient
treatment at the hospital," the Commission, comprising members
Justice R C Jain and Anupam Dasgupta, said.
The Commission passed the order on an appeal filed by the
Hyderabad-based resident challenging the Andhra Pradesh State
Consumer Commission`s direction which absolved the hospital
and the doctor of any medical negligence.
It noted that the physician was negligent in not
recording the past case history of the patient in the
discharge summary which led to delay in his undergoing surgery
of cervical spondylosis myelopathy (CSM), a spinal cord
dysfunction.
The Commission held that the staff of the hospital was
also negligent in not conducting pre-operative check ups
before surgery. As a result, he was sent back from the
operation theatre, it said.
It held that Reddy was also made to pay for air condition
room despite the hospital not providing him the facility which
amounted to deficiency in service.
"For the physical pain and compromised prognosis of
recovery due to the negligence which caused delay in the
diagnosis and treatment of CSM, negligence in the pre-surgery
investigations prior to the surgery and in not providing a
room with the type of facility paid for, a compensation of Rs
two lakh would meet the ends of justice," it said.
Reddy had claimed a compensation of Rs 18 lakh from the
apex consumer body for medical negligence and deficiency in
service from the hospital and its physician.
-PTI
