 found Max Super Speciality Hospital accountable for medical negligence resulting in the death of a patient. The commission emphasized the criteria for establishing liability in cases of medical negligence.){kind=link}
The National Consumer Disputes Redressal Commission (NCDRC) found Max Super Speciality Hospital accountable for medical negligence resulting in the death of a patient. The commission emphasized the criteria for establishing liability in cases of medical negligence.
Patient’s Medical History and Diagnosis
The patient, suffering from knee pain, was diagnosed with advanced osteoarthritis at Max Super Speciality Hospital. Despite pre-operative tests indicating a 35% left ventricular ejection fraction (LVEF), which posed surgical risks, the hospital proceeded with bilateral knee replacement surgery.
Subsequent Medical Complications
Following the surgery, the patient’s condition deteriorated, leading to ICU admission and eventual transfer to another hospital, where she passed away. Alleging medical negligence, the complainant, Sham Singh, filed a complaint before the State Commission of Punjab.
Hospital’s Defense and Legal Proceedings
The hospital argued that it provided comprehensive and transparent medical services, conducting all necessary pre-operative tests and asserting the patient’s fitness for surgery. They disputed the complainant’s claims regarding the patient’s LVEF, citing echocardiography reports showing normal cardiac function.
National Commission’s Findings
The NCDRC rejected the hospital’s assertions, noting discrepancies in the dates of medical tests presented as evidence. The commission upheld the State Commission’s decision, emphasizing the failure of the hospital to meet the standard of care expected in handling the patient’s pre-operative evaluations and subsequent critical condition.
Application of Legal Standards
The commission applied principles from the landmark case of Jacob Mathew vs. State of Punjab & Anr., stressing the criteria for proving medical negligence: breach of duty, resulting harm, and failure to provide the expected standard of care.
Commission’s Verdict
In line with established legal principles, the NCDRC upheld the State Commission’s order, ruling in favor of the complainant and dismissing the hospital’s appeal.
Case details : Max Super Speciality Hospital Vs. Sham Singh F.A. No. 1785/2019