Mumbai: The Maharashtra State Consumer Disputes Redressal Commission has held Pune-based Ruby Hall Clinic, run by the Grant Medical Foundation, and an orthopaedic surgeon guilty of medical negligence for failing to detect a hip fracture in time, granting relief to the aggrieved patient.
Compensation and Interest Ordered
The State Commission directed the hospital and the treating doctor to jointly pay compensation of rupees eighty five thousand to the patient, along with annual interest at the rate of six percent. The amount was awarded towards the cost of surgery and related medical expenses incurred due to delayed diagnosis.
Additional Relief for Harassment and Legal Costs
Apart from medical expenses, the Commission also awarded rupees twenty five thousand for mental and physical harassment suffered by the patient. An additional amount of rupees ten thousand was granted towards litigation costs incurred during the proceedings.
District Consumer Court Order Overruled
With this decision, the State Commission set aside the earlier order passed by the Pune District Consumer Disputes Redressal Commission, which had dismissed the complaint on the ground that no expert medical evidence was produced to establish negligence.
Commission’s Observations on Negligence
The State Commission observed that the sole negligence on part of the hospital and doctor was their failure to detect the hip fracture at the appropriate time. It clarified that the patient was not entitled to compensation for loss of business or future income, as those losses resulted from the accident itself and not from the medical negligence.
Background of the Case
The case dates back to mid May two thousand six, when a sixty-year-old rickshaw driver met with a road accident in Pune after a car collided with his vehicle. He sustained injuries to his knees and hip joints and was taken to Ruby Hall Clinic for treatment.
Alleged Failure in Diagnosis
At the hospital, the orthopaedic surgeon examined the patient and ordered X-rays. Despite the patient complaining of severe pain, he was reportedly informed that there were no fractures and was discharged the next day with only medication. The pain later became unbearable, prompting him to consult another doctor.
Delayed Detection and Surgery Elsewhere
The second doctor reportedly detected a hip fracture immediately after reviewing the same X-ray. Even doctors at Ruby Hall Clinic later confirmed the fracture upon re-examination. The patient subsequently underwent emergency surgery at another hospital, leading him to file a consumer complaint seeking compensation, which has now been partly allowed by the State Commission.
