New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has absolved Fortis Hospital, Mohali, of allegations of medical negligence in a 2012 total knee replacement (TKR) surgery, overturning an earlier order by the Punjab State Consumer Commission that had awarded ₹15 lakh in compensation to the patient.
The Apex consumer court ruled that the complainant failed to present credible evidence of negligence by the hospital, orthopaedic surgeon, or anaesthetist during the surgery or post-operative care. The Commission noted that even the claim that the patient was left 100% paraplegic was not supported by the medical records.
The case involved a 78-year-old woman who underwent TKR at Fortis Hospital. Post-surgery, she complained of numbness in her limbs, which was later diagnosed as spinal epidural hematoma. A corrective laminectomy surgery was performed after two days. The patient claimed that the delay caused permanent disability.
While the State Commission had previously ruled in favour of the patient, the NCDRC bench observed that complications such as epidural hematoma are recognized risks associated with spinal anaesthesia, especially in elderly patients with comorbidities. It cited lack of expert testimony to prove negligence and noted that a 2013 medical report showed the patient walking with support — contradicting her claim of complete paralysis.
The Commission also found that disability certificates presented by the complainant indicated paraparesis (limb weakness), not full paralysis, and were explicitly not valid for court purposes.
Dismissing the patient’s appeal for enhanced compensation, the NCDRC concluded that there was no breach of duty or deviation from standard medical protocol.
“In the absence of expert evidence and in light of the records, we find no grounds to support the allegation of medical negligence,” the bench ruled, allowing Fortis Hospital’s appeal and setting aside the 2017 State Commission order.
