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Consumer Court Orders Hospital to pay Rs 12.50 Lakhs in Compensation for Medical Negligence causing death of a Ex-Judge’s Wife

Shivpuri : A bench of Gaurishankar Dubey, Rajeev Krishna Sharma, and Anju Gupta of the District Consumer Disputes Redressal Forum (DCDRC) in Shivpuri, Madhya Pradesh, recently ordered Birla Institute of Medical Research (BIMR) Hospital to pay a compensation of Rs. 12.5 lakh for causing the death of a former judge’s wife due to medical negligence.

The Complainant R.S Tomar, a retired district judge and the current chairman of the DCDRC Gwalior, contested the complaint through Advocate Anchit Jain. He filed the complaint after he did not receive the jewels of her deceased wife from the hospital. His wife had passed away from complications in her Covid-19 treatment.

To investigate the death of his wife, Tomar had sought the CCTV footage and Case-papers. On close analysis of the CCTV footage and Case-paper it was revealed that the patient was assigned Covid category based on HRCT scan but the mandatory RTPCR was not performed to confirm Covid. Also as per the case-papers of the patient doctors have prescribed medication but the patient was given different medication.  The treating doctor was a homeopathic doctor though the medical facility is an allopathic hospital. Finally the patient was charged for eight remdesivir injections though as per the government guidelines a maximum supply of sixremdesivir injections per patient was recommended.

The commission on view of the numerous deficiencies of the hospital held the hospital negligentfor causing the death of the patient.The DCDRC directed BIMR hospital to pay a compensation of Rs. 11,77,560 along with interest of 9% per annum, as well as ₹50,000 for mental agony and ₹10,000 in litigation costs.