Any unreasonable delay in providing treatment after confirming diagnosis is negligence. Such delays could also prove fatal for patients, as happened in this case.Any unreasonable delay in providing treatment after confirming diagnosis is negligence. Such delays could also prove fatal for patients, as happened in this case.
The patient was referred to a higher centre, where she was confirmed as a case of large liver abscess with rupture and large fluid in abdominal cavity with septicaemia. For unknown reasons, the patient was admitted in medical ward despite the need for an immediate surgery.
Strangely enough, the patient was kept in the ward for a day and half after admission even as her condition kept deteriorating. Eventually, late evening on second day, the doctors sprang to action and performed surgery. Alas, it was too little and too late. The patient’s complications had turned fatally severe. She breathed her last after about a week.
Furious at the inordinate delay in treating the patient immediately, her family sued the hospital.
“When the doctors found that patient’s condition was grievous late evening on second day, we were informed that an operation was required forthwith. By that time, reports of any fresh investigations were not available and thus they operated on basis of the reports of tests done at the first hospital. Our patient remained unattended for almost thirty six hours which ultimately resulted in her death”, alleged the visibly upset family.
The hospital was defiant in its defence as it stated that no case could be made against them as treatment was provided free of cost. It was further stated that correct diagnosis was made within twenty four hours of patient’s admission and she was provided necessary management.
The Commission was perhaps unimpressed with hospital’s defence, as it stated the following:
“No evidence has been led by the hospital controverting serious allegations except to the extent that the patient was looked after nicely and properly. The treating doctors could not establish even remotely that they had done the spade work as was expected of them. Their submission that due and proper care was exercised cannot be accepted for their inability to detect the ailment and commence the treatment. Timely detection and the treatment could have helped the patient and her the family”.
The hospital and doctors were held negligent and patient’s family was awarded ten lakh rupees in compensation. But a priceless life was lost nevertheless.
Source: Order pronounced by Delhi State Consumer Disputes Redressal Commission on 9th August, 2021.