The Maharashtra consumer commission found Wockhardt Hospitals, Nashik, guilty of service deficiency leading to a young patient's death due to delayed ICU transfer. The Commission stated that patients have a "right to receive competent care and that too, in time as required"
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The Maharashtra consumer commission has ordered Wockhardt Hospital in Maharashtra's Nashik to pay Rs 18 lakh to the family of a deceased after observing deficiency in service for delaying the transfer of a young patient to the Intensive Care Unit (ICU), which ultimately led to his death, news agency PTI reported.
Patients have a "right to receive competent care and that too, in time as required", the State Consumer Disputes Redressal Commission stated in its order, passed earlier this month. The hospital has been directed to pay a compensation of Rs 18 lakh to the victim's family for mental agony and harassment.
According to the complaint filed by the victim's father, his son was admitted to Wockhardt Hospitals in Nashik on April 15, 2010, after suffering a nosebleed. The complainant claimed that his son's condition significantly deteriorated in the early hours of April 16, when he complained of chest pain and uneasiness after collapsing while going to the bathroom.
Despite his worsening condition, the patient was not admitted to the ICU until 7 am on April 16, he said.
Furthermore, he alleged that the hospital unnecessarily continued treatment until the afternoon to create evidence, even though he believed his son died around 8:30 am. The patient was officially declared dead at 12:50 pm, he stated.
Moreover, the complainant accused the hospital and its doctors of gross medical negligence and deficiency in service, PTI reported.
The patient required immediate ICU monitoring, but the hospital failed to admit him promptly despite his deteriorating condition. The patient eventually suffered a cardiac arrest and died. The complainant approached the state commission after the district forum had dismissed his plea.
Wockhardt Hospitals and the respondent doctors denied any negligence, asserting that all protocols were followed, according to PTI.
They contended that the patient's death was due to his long-standing medical conditions and non-compliance, specifically his unilateral decision to stop prescribed anti-hypertensive medication, which led to accelerated hypertension and a fatal heart attack. The hospital claimed that the patient's father had refused ICU admission.
The commission, however, noted that no documentary proof was provided by the hospital to substantiate this claim, PTI reported.
While it acknowledged that the treating doctors exercised their utmost qualification, skill, and showed no negligence, it held that the hospital's failure to transfer the patient to the ICU in time "amounts to the deficiency of services towards the patient as well as the complainant, which ultimately led to loss of a life."
The commission emphasised that consent for ICU admission is not a legal requirement in life-threatening emergencies, citing Supreme Court rulings which mandate immediate treatment in emergencies, even without consent, if delay can be fatal. The right to emergency medical care is a part of the right to life under Article 21 of the Constitution, the commission stated, reported PTI.
Considering the mental agony and harassment suffered by the deceased's family, the commission directed the hospital to pay them compensation of Rs 18 lakh with 6 per cent interest per annum from October 26, 2010, until the realisation of the amount.
(With inputs from PTI)
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