Amritsar Fortis hospital, surgeon to pay ₹20 lakh

CHANDIGARH: Coming down heavily on the Fortis Escorts hospital, Amritsar, for medical negligence leading to death of Jalandhar resident Santosh Kumari two months after she underwent a surgery, the Punjab State Consumer Disputes Redressal Commission directed the hospital and the surgeon concerned to pay Rs 20 lakh in damages to the patient.

While the hospital has been directed to pay Rs 15 lakh, the surgeon will have to pay Rs 5 lakh, one-fourth of the total amount.

Santosh had visited the hospital in April 2017 and consulted Dr Ravinder Singh Malhotra regarding bariatric surgery (to reduce weight). She also told the doctor that she had hernia disorder. But the doctor suggested that she needs no immediate surgery to treat hernia disorder, which could be conducted one year after bariatric surgery.

The consumer commission, headed by JS Klar, said the hospital and the surgeon made Santosh undergo bariatric surgery and other procedures “under the impulse of greed only, without looking into her problem of umbilical hernia.”

When Santosh was examined after her bariatric surgery, she was found to have gastrojejunal (GJ) obstruction, for which she underwent another operation on May 14.

A Bagota’s bag was applied on her stomach for closure of abdominal wounds. She was discharged on June 19, 2017 and was told that the wound would automatically heal.

However, Santosh’s condition worsened as bleeding started from her wound. On July 2, she was again admitted to the hospital, where she died on July 12.

The complaint was filed by the patient’s sons Sanjeev Kumar and Rajinder Kumar of Jalandhar, and daughter Sheetal of Chandigarh.

Denying any negligence, the hospital alleged that the complainants did not clear hospital bills amounting to Rs 7.13 lakh and still filed the complaint against it.

The hospital authorities argued that the patient did not die due to surgery or its complications, but due to pathological condition, which was a congenital.

They claimed that the attendants of the patient concealed the relevant history due to “reasons known to them”.

Dr Malhotra, denying any negligence, said Santosh was discharged in a stable and satisfactory condition.

“The patient underwent multi-organ failure syndrome… All life-saving emergency drugs were given to her. Three shocks were given, but patient did not recover.”

However, the panel said, “The hospital and surgeon have not taken care to tackle the obstruction requiring immediate handling. This obstruction of umbilical hernia was much prior to conducting bariatric surgery, which continued at the time of her second admission on July 2, which further caused severe damage to the patient’s vital organs.”

This, the panel said, resulted in multi-organ failure of the patient leading to her death.

The hospital and the surgeon made the patient undergo bariatric surgery and other procedures under the impulse of greed only. PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION