Hyderabad: In a recent ruling, the Hyderabad District Consumer Disputes Redressal Commission III has absolved a doctor and a private hospital accused of negligence in treating a patient later diagnosed with Hepatitis E. The patient alleged inadequate treatment and failure to refer her to a gastroenterologist. After reviewing an inquiry by the District Medical and Health officer (DM & HO), the consumer court exonerated the doctor and the hospital based on their expert committee’s findings.
The incident dates back to 2019 when the complainant experienced fever, stomach, and body pain. The hospital referred her to a general physician, Dr Khan, who suggested admission for a thorough check-up. Suspecting dengue fever, Dr Khan recommended blood and liver function tests. The discharge summary initially indicated dengue fever but later revealed Hepatitis E in an ultrasound.
Despite complaints of severe stomach pain, the complainant was discharged in a stable condition after treatment for dengue fever. Subsequent tests at Apollo Hospital confirmed Hepatitis E, prompting a medical negligence complaint with a demand for compensation.
The hospital defended its actions, citing textbook-standard treatment for the provisional diagnosis of dengue fever. They argued that general medicine specialists could treat Hepatitis E and emphasised the limitations of ultrasound in precisely diagnosing it.
Considering the expert committee’s report and legal precedents, the consumer court dismissed the complaint. It held that the complainant failed to prove medical negligence and referenced the Supreme Court’s stance in the case of Jacob Mathews v. State of Punjab that mere deviation from standard practice does not constitute negligence.
Referring to these orders, the Hyderabad District Consumer Disputes Redressal Commission III exonerated the doctor and the hospital while observing that –
“based on the above citation, Ex.C1 expert doctors’ opinion and available material exhibits, it is difficult to attribute medical negligence against the opposite parties. The complainant failed to prove any medical negligence. Hence, the complaint is liable to be dismissed, and the complainant is not entitled to the reliefs prayed“