Hospital, doctor told to pay Rs 15-lakh compensation

Rajneesh Lakhanpal

Legal Correspondent

Ludhiana, October 26

The National Consumer Disputes Redressal Commission, New Delhi, has upheld the decision of the State Consumer Disputes Redressal Commission, Chandigarh, and ordered Ludhiana Mediciti Hospital and Dr Bikramjit Singh Sandhu to pay a compensation of Rs15 lakh in a medical negligence case, resulting in the death of Anshu Bhandari, a young lawyer of Jagraon.

‘Negligence evident’

• Delivering the judgment, VK Jain, presiding member of the National Commission, held, "Despite hemoperitoneum having been confirmed, no attempt was made by the hospital or the doctor to undertake laparotomy even till the patient was discharged at about 11.30 pm. Every minute is crucial for patient. Therefore, the appellants were clearly negligent in the treatment of the deceased.

Delivering the judgment, VK Jain, presiding member of the National Commission, held, “I have no hesitation in holding the finding of the state commission that despite hemoperitoneum having been confirmed, no attempt was made by the hospital and the treating doctor to undertake laparotomy even till the patient was discharged at about 11.30 pm. There was a time lag of about one hour between confirmation of hemoperitoneum through ultrasound report and the discharge of the patient from the hospital on the responsibility of his family members. Every minute is important in the case of such a critically injured person. Therefore, the appellants were clearly negligent in the treatment of the deceased by not undertaking lapartotomy even till the time he was discharged at about 11.30 pm.”

The National Commission directed the hospital to a pay compensation of Rs10 lakh to the aggrieved family and also directed Dr Bikramjit Sikngh Sandhu to pay Rs5 lakh as compensation. The commission made it clear that since Dr Sandhu was having an insurance policy from the United India Insurance Company, the amount of Rs 5 lakh would be paid by the Insurance Company. The commission also said the interest accrued on the 50 per cent amount deposited by the appellant at the time of filing the present appeal would also be paid to the aggrieved family.

Lawyer Anshu Bhandari along with his wife Simple Bhandari had met with a roadside accident on April 17, 2009. He was taken to the Civil Hospital, Jagraon. After giving the first aid, he was advised to be taken to a well-equipped hospital for further treatment. Both the injured were brought to the Ludhiana Medicity, a unit of AA Hospital Pvt. Ltd, at about 9pm. He was examined by the doctors at hospital. He was discharged from the hospital at the responsibility of the family. He was shifted to the CMC Hospital but he expired at about 1.45 am.

Hospital authorities and doctors have pleaded that there was no negligence on their part. They wanted to do a proper treatment but the family did not give any consent and shifted the patient. But the commission held that there was no such documentary record produced that consent was sought.

Father of the deceased lawyer Ashok Bhandari and his lawyer Piyush Kant today held a press conference in Ludhiana.