What’s in a name? Apparently, everything!

  • Posted on: April 03, 2020

Hospitals / doctors are duty bound to give first aid to accident victims – any deviation from this rule is not accepted. This law also applies to accident victims that may have to be transferred to higher centre for better management.

Sandeep and Rajwinder were riding on a scooter when they were hit by a speeding car driven by some reckless person. They were rushed to Badyal Advanced Bone Joint & Children Hospital. The doctor at the hospital admitted Rajwinder but refused to admit Sandeep as his condition was very serious.

Sandeep was being transferred to another hospital but unfortunately succumbed to grave injuries on the way.

The fatality shook Sandeep’s parents as they sued the hospital. It was alleged that while Rajwinder was admitted, the doctor did not admit Sandeep as they, the parents, could not deposit money immediately.

Not true, replied the doctor. Sandeep’s injuries were serious and his condition was grave, and the hospital did not have proper facilities, which is why he was referred to a higher centre for better management.

The Commission did not concur with either of statements, as it stated the following:

“When Sandeep’s condition was so critical that he died on the way to other hospital, it was hospital and its doctor’s duty to given some initial treatment so that his condition could have stabilised and then he could have been shifted to another hospital. The hospital’s name Badyal Advance Bone Joint & Children Hospital suggests that it was an advanced centre for treatment in respect of the bones. Thus, it cannot be believed that the hospital does not have the facility to give the initial treatment to an injured”.

The hospital was held negligent for not providing first aid to an accident victim and was fined ten lakh rupees!

Source: Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 20th December, 2019.