The District Consumer Disputes Redressal Commission, East Delhi, has dismissed allegations of medical negligence against Max Hospital Patparganj in a case involving treatment for a complex pelvic mass.
The case dates back to 2018 when a patient approached the hospital with a large pelvic mass. She later alleged that the hospital recommended surgery without proper diagnostic tests, failed to remove the mass during the procedure, and intended to conduct a second surgery for financial gain. The complainant also claimed that the hospital had not obtained her informed consent, causing her pain, suffering, and mental agony. She demanded compensation of nearly Rs 20 lakh.
The hospital, however, maintained that the patient had undergone proper diagnostic tests, including USG and CT scans, which suggested a high-risk ovarian mass. An exploratory laparotomy was carried out after consultation with a gynecologic oncologist. During surgery, the doctors found a large fibroid in the uterus rather than an ovarian mass. Since the findings differed from pre-operative reports, the patient’s husband was informed, and further treatment was planned with medical management first, to reduce risks and preserve fertility. The hospital also stated that the patient never returned for follow-up treatment.
After reviewing the case, the Commission held that there was no expert medical opinion supporting the patient’s allegations. It observed that the doctors’ decisions were based on clinical judgment and available reports, and no mala fide intent was found. The court also noted that the complainant had not shared records of subsequent treatment from other hospitals, making it impossible to establish negligence.
The Commission concluded that the hospital and its doctors had acted with due care and sympathy, and that the allegations of performing incomplete surgery for monetary gain were baseless. The complaint was dismissed, and the hospital was exonerated of all charges.
