Commission directs Max Hospital to pay Rs 32.94 lakh

Akash Ghai

Tribune News Service

Mohali, May 29 

In case of alleged negligence during treatment of a heart patient, the State Consumer Disputes Redressal Commission penalised Max Hospital directed hospital authorities to pay compensation of Rs 32.94 lakh to the applicant. 

In the case, the applicant Pooja Gupta, a resident of Pinjore, Haryana, alleged that her husband Rishi Gupta had visited the hospital on September 17, 2013 for routine check-up following which the doctors there had advised him to opt for pacemaker surgery. 

“The doctor had suggested a bivent pacemaker, manufactured by St Jude Medical India Pvt. Ltd, costing around Rs 4 lakh to my client,” said Bhavnik Mehta, counsel of the applicant while adding that the doctors had also suggested for four days package, costing Rs 5.50 lakh which included all expenses. “My client’s husband was admitted on September 17, 2013 and he was taken for surgery on September 20 after deposition of Rs 5 lakh by my client,” said the counsel alleging that the surgery was conducted without having the requisite prescribed pacemaker. 

In the application, the applicant also alleged that the doctor had implanted a wrong and cheap ‘double chamber pacemaker’ against his own prescription. “The cost of the pacemaker, they had implanted, was Rs 45,000,” alleged Mehta.

He alleged that the surgery was not success and on September 22, 2013, another surgery was conducted and the actual pacemaker was implanted. The patient was discharged two days after and on Spetember 27, he again felt pain in his heart and was again taken to the hospital, where he had died.

While contesting the complaint, the hospital authorities claimed that the patient had come to them with the history of prolonged chest pain, with history of undergoing bypass surgery (CABG) at the age of 27 years at AIIMS. The patient and his relatives were given the option of AICD with triple chamber pacemaker (Combo devise) with the second option of biventricular pacemaker (triple chamber pacemaker). Following the consent of the relatives of the patient, St. Jude Triple Chamber Pacemaker was implanted, claimed the hospital authorities.

After hearing both the parties, the commission directed the hospital authorities to pay Rs 32.94 lakh to the applicant. The commission assessed Rs 25 lakh as loss of the income, Rs 5.44 lakh as cost of treatment, Rs 2 lakh granted for pain and suffering and Rs 50,000 as cost of litigation, in the entire complainant would be entitled to Rs 32.94 lakh. 

The opposite parties have been asked to pay this amount to the complainant within a period of 45 days after the receipt of certified copy of the order, failing they would be liable to pay nine percent interest from the date of order till payment.