NCDRC Upholds Compensation Order

New Delhi: The National Consumer Disputes Redressal Commission (NCDRC) has upheld the order of the State Commission directing Mission Hospital, Durgapur, and a doctor to pay ₹10 lakh in compensation to the family of a patient who died while undergoing treatment.

Patient Falls from Trolley, Sustains Additional Injuries

The patient, initially admitted after a severe road accident, suffered a fall from a stretcher outside the MRI room while being transported. This incident caused fresh injuries, which worsened her condition. The NCDRC ruled that the hospital could not evade liability by blaming mechanical or product failure of the stretcher.

Case Background

In 2014, the complainant’s wife, after a road accident, was initially treated at Jeevan Suraksha Hospital, Bankura, before being referred to Mission Hospital, Durgapur. She showed signs of recovery when doctors recommended an MRI scan.

During transportation to the MRI room, she fell from the stretcher due to alleged mishandling by hospital staff. Left unattended for 4-5 minutes, she suffered profuse bleeding from fresh head injuries and succumbed the next day.

Complaint Alleging Medical Negligence

The complainant accused the hospital of gross negligence, citing:

• Mishandling by hospital staff leading to the fall
• Delayed medical attention after the incident
• The omission of the fall-related injuries from the death certificate

A consumer complaint sought ₹50 lakh in compensation, ₹20 lakh as penal damages, ₹2.17 lakh for treatment expenses, and ₹25,000 for litigation costs.

Hospital’s Defense

The hospital admitted the fall but denied negligence, arguing:

• The fall was due to mechanical failure, not staff carelessness
• The patient’s neurological condition remained unchanged post-fall
• Her death resulted from pre-existing injuries, not the stretcher incident

The hospital contended that the State Commission incorrectly applied the principle of “Res Ipsa Loquitur” (the thing speaks for itself) in determining negligence.

Inquiry Committee and Expert Report Findings

Investigations by SEMOH, Durgapur, and Deputy CMOH-1, Burdwan, found gross negligence by the hospital. Video footage confirmed the patient fell due to the stretcher’s malfunction and was left untreated for minutes, worsening her condition.

An Expert Committee report on 17.12.2014 concluded:

• Infrastructure failure at the hospital led to the fall
• Fresh injuries were sustained, contributing to her condition
• Post-mortem results indicated hemorrhagic shock as the cause of death

NCDRC Ruling: Hospital Held Liable

Based on these findings, the NCDRC ruled that:

• The fall directly contributed to the patient’s deteriorating condition
• The hospital failed in its duty to ensure stretcher safety
• Leaving the patient unattended after the fall was a clear act of negligence
• The hospital was vicariously liable for its employees’ actions

Compensation Amount Upheld

The NCDRC determined that ₹10 lakh compensation was fair and reasonable, considering the patient’s age (69 years) and circumstances. It dismissed both the hospital’s appeal and the complainant’s plea for higher compensation.

This ruling reinforces the importance of hospital accountability in ensuring patient safety and highlights the legal consequences of medical negligence.

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