In a significant ruling, the National Consumer Disputes Redressal Commission (NCDRC) has directed Fortis Escorts Heart Institute and Research Centre, Delhi, along with the head of its cardiac department, to compensate a family with ₹65 lakhs following a controversial medical procedure that left a 62-year-old man partially paralyzed.
The decision, issued on August 7 by Justice Ram Surat Ram Maurya and Technical member Bharat Kumar Pandya, highlighted a critical oversight by the hospital. The medical team proceeded with an elective angioplasty, disregarding the patient’s underlying lung condition. This decision, deemed unnecessary and elective, ultimately resulted in severe consequences for the patient.
The procedure, which is intended to open blocked arteries and veins, was performed despite the patient being co-morbid. The hospital argued that the patient’s daughter, a doctor herself, had given informed consent, fully aware of the risks involved. However, the NCDRC found this defense unconvincing, emphasizing that the medical professionals should have acted with greater caution given the patient’s health status.
Tragically, the patient suffered permanent brain damage, resulting in a coma and subsequent complete paralysis on his left side. He also lost his ability to communicate, leaving him in a vegetative state. The forum held both the hospital and the cardiac doctor jointly responsible for this outcome.
The case, initiated by the patient’s wife in 2012, accused the hospital of gross negligence and unnecessary intervention. Despite the hospital’s claims that the procedure was insisted upon by the patient’s family, the NCDRC ruled in favor of the complainant. The compensation amount was determined after considering the patient’s prior income, medical expenses, and the emotional toll on the family.
The ruling brings to light the delicate balance between informed consent and medical responsibility, emphasizing the need for thorough evaluation before proceeding with elective procedures.
