The patient was taken to the hospital with complains of wheeziness and lack of movement in both lower limbs. She was diagnosed with multiple life-threatening conditions - respiratory failure, bilateral pneumonitis, chronic obstructive pulmonary disease and pulmonary & acute renal failure.
Unfortunately, H1N1 epidemic was rampant during those days. The patient got infected at the hospital and died few days later.
The heartbroken husband, a lawyer by profession, sued the hospital and made two pointed allegations – the hospital delayed in providing treatment despite the fact that patient suffered from renal and breathing problems. And the hospital did not take appropriate care to avoid spread of H1N1 at its premises.
The Commission perused medical records and dismissed the lawyer husband’s allegations. At the outset, it was observed that investigations take reasonable time and no treatment can be started before confirming diagnosis. The doctors began treatment once diagnosis was confirmed, and protocols were also followed to avoid the spread of H1N1.
The patient unfortunately died due to her existing critical conditions, and H1Ni1 – which was declared an epidemic at the time – added to the complications for which the hospital cannot be blamed or held negligent, ruled the Commission.
Source: Order pronounced by Haryana State Consumer Disputes Redressal Commission on 25th July, 2019.