Hospital to pay Rs 50L relief to Mohali woman for negligence

The District Consumer Disputes Redressal Commission has held Healing Hospital and Institute of Paramedical Sciences, Sector 34-A, here guilty of medical negligence and directed it to pay Rs 50-lakh compensation to a woman. Her four fingers were amputated after these developed gangrene during treatment at the hospital.

In her complaint filed to the commission through advocate Varun Bhardwaj, Gurmeet Kaur (45), a resident of Mohali, said on November 25, 2020, she was admitted to Healing Hospital in Sector 34-A, Chandigarh. She was suffering from headache, vomiting, stomach ache and backache, and was diagnosed with gastric problem. She was treated by a doctor and given medication orally as well as via intravascular procedures.

A cannula was inserted in her left hand after consultation with another doctor.

On November 28, swelling occurred in her left hand. The doctor told her that it was normal and would subside. When pain increased at night, the attending doctors and staff adjusted the cannula.

On November 29, her left hand turned blue and numb. Two doctors took her to the operation theatre. Her family was not informed about the medical urgency. The doctors later informed her that gangrene had developed and a surgery was required urgently to avoid amputation of the arm.

Meanwhile, the doctors abandoned the surgery and referred the case to the PGI in Chandigarh. On reaching the PGI Emergency, doctors removed the finger nails and referred the case to a vascular surgeon, who amputated her four fingers.

The Medical Authority, SAS Nagar, Punjab, assessed permanent disability of 85% in relation to her left hand. She, being a housemaker and left-handed, could no longer perform her basic tasks and became dependent on her family and maid. She suffered from not only physical pain but also mental trauma due to amputation. She alleged gross medical negligence by hospital and three doctors.

However, the hospital and the doctors claimed that there was no negligence or deficiency in service on their part. As the patient was suffering from vomiting so treatment started on intravascular antibiotics. However, serious symptoms were noticed on the morning of November 28, 2020, after the patient felt severe pain. The discoloration of skin was also reported.

The complainant and her husband were clearly informed about the seriousness of the condition of the patient and the risk of gangrene or amputation even after surgery.

After hearing the arguments, the commission said the standard protocol for IV cannula management requires regular monitoring for signs of extravasation, infection and vascular compromise. The failure to remove the cannula despite swelling and pain in the left hand led to the progression of compartment syndrome and gangrene. The condition of the patient worsened under the hospital care and emergency measures were delayed, so it not only amounts to deficiency in service but also medical negligence on the part of the hospital and doctors. The complainant, when admitted to the hospital, had no problem of hand but gastro. The amputation of four fingers happened due to the insertion of cannula by hospital staff and subsequent gangrene.

The complainant is a homemaker, and being left-handed, she has lost functional ability and suffered physical as well as mental trauma, which needs to be adequately compensated for by the hospital and three doctors. They are directed to pay a lump sum compensation of Rs 50 lakh to the complainant within 45 days from the date of receipt of a certified copy of this order, failing which they are liable to pay interest at the rate of 9% per annum on it from the date of order till the date of its realisation, said the commission.