FIRST APPEAL NO. 733 OF 2021
DIRECTOR GENERAL RAILWAY HOSPITAL & ANR.
Versus NARENDRA KUMAR SENGAR
Decided by the Hon’ble NCDRC, New Delhi on 31 January 2024
FACTS: As per the Complainant, his wife experienced abdominal pain, prompting her to seek medical attention at Navjeevan Hospital in Aligarh on 17.03.2011. After certain diagnostic tests, including blood tests, CT scans, ultrasound, and chest x-rays revealed the presence of an abscess in lever. Recognizing the severity of her condition, doctors at Navjeevan Hospital recommended transferring her to a more equipped facility. Thus, the patient was brought to Central Hospital, Northern Railway, New Delhi and was admitted to the Emergency Ward at 9:00 AM on the next day, 18.03.2011. At Railway Hospital, Dr. Celestana Dungdung examined her in the Emergency Ward and referred the patient to Surgery Ward. Dr. Pankaj Arora examined her in Surgery Ward, prescribed certain tests and recommended her admission to Medical Ward, despite the nature of the case being mainly surgical. The Medical Ward doctor diagnosed her with a “Liver Abscess ruptured into peritoneum, septicemic, ac. Renal failure….” Despite critical condition of the patient, the surgery was delayed by the medical staff, leading denial of timely intervention. She received minimal attention from evening of 18.03.2011 until the afternoon on 19.03.2011. Only around 9:00 PM on 19.03.2011, her serious condition was noted and informed him that immediate surgery was required. At that point, as updated investigation reports were unavailable, prompting doctors to operate based on the earlier Aligarh test reports. The situation turned worse as the hospital lacked required specialty facilities, and the surgeon who operated her was insufficiently competent to handle such cases. After the surgery, she was transferred to ICU and placed on a ventilator. The patient failed to recover and ultimately died on 29.03.2011. The patient’s treatment was not timely, the surgery was delayed, and when performed, it was carried out by inadequately trained doctors. Further, the medical staff failed to exercise reasonable care and caution in treating a patient with a ruptured liver abscess. The patient was left unattended in the hospital for nearly 36 hours, a period that proved fatal, ultimately resulting in her death.
HELD: Notwithstanding the medical history of the patient and the reasons and circumstances under which her condition became critical, it is undisputed that she was brought to Appellants Hospital in critical condition with “Liver Abscess ruptured into peritoneum, septicemic, ac. Renal failure….” at 9:00 AM on 18.03.2011. She was rendered necessary attention, medical review and reference for tests and surgery was performed on her on the next day. The Hospital and its doctors took immediate action with the possible resources within the constrained time frame available. Without doubt, her condition deteriorated, she was placed on a ventilator the next day and died on 29.03.2011. Examination of the facts of the case with respect to timelines brought out by the Complainant itself reveal that the Appellant Hospital had taken necessary actions to provide medical attention to the patient who was brought in very critical condition. She was operated upon the very next day. Mere fact that, after noticing her critical medical condition, without waiting for receiving all the test reports prescribed by them, a Govt Hospital decided to rely upon her previous test reports from a private Hospital in Aligarh, produced by the Complainant is a testimony of the cognizance and effective steps taken by the Appellant Hospital to attend to the patient, without delay. The allegations that the situation turned worse as the hospital lacked the required specialty facilities and that the surgeon who operated her was insufficiently competent to handle such cases are baseless. Merely because a patient brought in critical condition died in the Hospital does not by itself imply negligence. Her recovery chances would have been better, had she been brought in time. Based on the discussion above, I do not find any negligence on the part of OPs (Appellants) in treatment of the patient.
