May,15,2016:
NCDRC found it to be a case of medical negligence as standard of practice or due care of the patient was not followed.
Maharaja Agrasen Hospital a West Delhi-based Private Hospital and three of its Doctors have been found Guilty of Medical Negligence and were directed to pay Rs 64 lakh compensation to a woman Patient. The order is issued by the apex consumer commission for their negligence in giving requisite medical treatment to her premature baby resulting in the infant loosing his vision for life.
The National Consumer Disputes Redressal Commission (NCDRC) directed all of them to pay the amount as compensation to the mother of the victim child for the medical practitioners’ negligence in medical screening of he infant’s eyes, which is the standard practice in the case of premature babies.
In her complaint the child’s mother, Pooja Sharma pleaded that the baby was in the hospital for nearly five weeks and during this period the doctors did not carry out the necessary screening and as a result no one took notice of the fact that the infant’s retina was displaced.
It was after considerable delay that mother of the child noticed the baby’s abnormal visual response and that an eye-check up was done which showed a case of total retinal detachment.
The hospital and its doctors had vehemently denied the allegation of medical negligence and had argued that the screening of the eyes was carried out and it had not revealed any medical problems. Hospital also said that the mother was advised to come again for follow up medical checkups.
Upon checking of the medical treatment records of the Hospital, NCDRC said, “The Record has failed to convince us as to whether the Retinopathy of prematurity (ROP) screening of the child was done”.
“The progress sheet of the child too does not carry any detail about ROP examination viz. as to which Doctor performed it, what was the method adopted, which instruments were used in the same and drugs anaesthesia used during ROP testing of the child.
“Thus we have no hesitation in concluding that it was a case of casual approach of Hospital and Doctors towards the premature baby. The Senior consultant opthalmologist has not followed standard ROP screening protocol. Thus ‘no proper record means, it was not done’.
Even the nurses’ daily medical record does not show any ROP examination was done,” the NCDRC said in its order. “The patient visited the hospital for follow up checks, but there is nothing in record about ROP testing. It is a case of medical negligence as standard of practice or due care of the patient was not followed.” it added.
The apex consumer commission has directed the hospital and its three doctors to pay a total Rs 64 lakh as compensation, including the cost of litigation, to the victim child and his mother.
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Bare Acts with Rules, Regulations & Amendments
- Bureau of Indian Standards Act,1986
- Bureau of Indian Standards (Amendment) Bill,2012
- Bureau of Indian Standards (Certification) Regulations,1988
- Bureau of Indian Standards (Recognition of Consumers’ Associations) Rules,1991
- Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations,2002
- Bureau of Indian Standards Rules,1987
- Competition Act,2002
- Consumer Protection Act,1986
- Essential Commodities Act,1955
- Legal Metrology Act,2009
- Delhi Legal Metrology (Enforcement) Rules,2011
- Indian Institute of Legal Metrology Rules,2011
- Legal Metrology (Approval of Models) Rules,2011(PDF File)
- Legal Metrology (Govt. Approved Test Centre) Rules,2013
- Legal Metrology (National Standards) Rules,2011
- Legal Metrology (Numeration) Rules,2011
- Legal Metrology (Packaged Commodities) Rules,2011
- Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act,1980
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