~ A case of bona fide mistake which under certain circumstances may be excusable, but a mistake which would tantamount to negligence cannot be pardoned.
• Background of the case:
~ The case concerned a patient who felt uneasiness and pain in her chest and visited a local physician who advised her to visit a cardiologist after examination.
~ Several tests including ECG, Echo, and Angiography were done. The treating doctor insisted on immediate surgery and warned that delay in surgery might cost the life of the patient.
~ A few days later the patient felt severe pain in the chest again. Unsatisfied with the treatment, the patient opted for a second opinion and consulted a doctor at another Hospital.
~ The second doctor prescribed some tests and after examining the reports informed the complainant that there was 95% blockage in the same artery
~However, the operation was conducted again at hospital 2
• Complainant's allegation:
~ It was alleged that the treating doctor at the first hospital didn't provide them with the barcode sticker of the previous stent along with the CD of the angiography.
~ It was also alleged that the stenting at the first hospital was not properly done and there was negligence on the part of the doctor.
• Doctor's Defense:
~The treating doctor denied all the allegations and further charged the complainant for concealing facts.
~The doctor further claimed that the first and second blockages were found at different places.
• The Commission held that:
~ The State Commission noted that the treating doctor at the first hospital, in order to save his fault, prepared a false report showing a diagnosis of Double Vessel Disease(DVD) and advising PTCA+ Stent to LAD/CABG, was never supplied to the patient.
~ the consumer court took note of the fact that the treating doctor at the first hospital couldn't reply to the interrogatory questions properly and
~ He was not competent enough to perform the surgery as he was not having requisite enrolment as per the Medical Council of India.
~ Commission held treating doctor at first hospital guilty of medical negligence and had to pay lump-sum compensation of Rs 10,00,000/- (Rupees Ten Lac only)
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH