In a landmark ruling that reinforced legal protections for healthcare institutions and doctors, the National Consumer Disputes Redressal Commission (NCDRC) set aside a lower court’s ₹38.25 lakh compensation award against a hospital and two attending doctors.
The case concerned a 54-year-old patient admitted with difficulty in breathing and dyspepsia. The patient was evaluated by a general physician and a visiting cardiologist and diagnosed with GERD and URTI. The patient requested discharge and was discharged in a stable condition after being advised to undergo further diagnostic tests. The patient tragically passed away two days later while travelling.
The State Consumer Commission had held the hospital and doctors liable, disbelieving the cardiologist’s progress notes and citing the absence of an in-house CT scanner.
Overturning the order, the National Consumer Court observed that hospitals in India operate in a particular way and that courts must take this into account in all medical negligence cases. The court held that there was nothing unusual or fishy in a visiting consultant re-prescribing the investigations prescribed earlier by the duty doctor on admission, or in failing to record the patient’s name in the progress notes that “happens to be in continuation.” The court observed that a hospital may not have a CT scan facility because of space or financial constraints.
Hospitals need to be careful with visiting consultants, who are senior doctors, visit multiple hospitals, and may not be well-versed in each hospital’s protocols. At times, their documentation becomes the root cause of legal problems hospitals face.
Patients, on the other hand, need to follow medical advice. Requesting an early discharge or not undergoing the investigations advised at discharge are common mistakes that lead to avoidable consequences.