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Consumer panel holds hospital liable for negligence, orders Rs 12.08 lakh relief

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The District Consumer Disputes Redressal Commission has directed Aman Hospital, Mandi Gobindgarh, to pay Rs 12.08 lakh compensation to Phoolman Ansari for medical negligence, along with 6 per cent annual interest from the date of filing of the complaint till realisation and Rs 30,000 towards litigation expenses.In its order, Commission president Pushvinder Singh and members Shivani Bhargav and Manjit Singh Bhinder observed that Ansari’s daughter, Sabhya Khatun, was pregnant and due for delivery on July 9, 2018. Ansari said he took her to Aman Hospital for a check-up as it was near their residence and the family believed it was being run by qualified doctors.According to the complaint, they met Rajinder Kaur at the hospital, who examined Sabhya and referred her to Gurpreet Nursing Home for an ultrasound scan. After the scan, Kaur allegedly told the family that the pregnancy was normal and advised them to bring Sabhya to the hospital when labour pains begin. She allegedly did not provide a prescription but gave them the hospital’s visiting card and asked them to contact her if required.Ansari said labour pains started around 3.30 am on August 9, 2018, following which he took his daughter to Aman Hospital. He alleged that Sabhya was in a serious condition and Kaur asked him to deposit Rs 10,000. When he went home to arrange the money, he received a call saying his daughter’s condition had deteriorated.On returning, Ansari was allegedly told that Sabhya had been referred to a private hospital in Khanna by Kaur’s husband, Kuldeep Singh, who took her there in his private car. Due to her condition, she was subsequently taken to Rajindra Hospital, Patiala, where she underwent an operation and delivered a girl. Both mother and child were in a serious condition.Sabhya was shifted to Anil Hospital, Patiala, where she died on August 11. The newborn was later taken to Dr Baba Sahib Ambedkar Hospital, Delhi, where she died on August 16.The commission noted that the matter was investigated by the Senior Medical Officer, Civil Hospital, Fatehgarh Sahib. Following the inquiry, an FIR under Section 304-A of the IPC was registered at Mandi Gobindgarh police station on August 12, 2018, and a challan was presented in court.The complaint was partly allowed and the compensation was awarded for medical negligence.

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