NCDRC Ruling on Rajasthan Hospital’s Negligence

Overview of the Case

The National Consumer Disputes Redressal Commission (NCDRC) has mandated a hospital in Rajasthan and its ENT specialist to compensate a patient with Rs 10 lakh. This decision arises from a case involving a brain injury sustained during an endoscopic nasal polyp surgery.

Background of the Incident

The complaint dates back to 2010 when the patient, experiencing nasal issues, underwent surgery at a Udaipur hospital. The surgery was performed without a CT scan of the paranasal sinuses, which is considered a necessary pre-operative assessment. The patient claimed that hospital records inaccurately indicated that a CT scan had been advised but refused, suggesting an attempt to cover up negligence.

Post-Surgery Complications

Following the surgery, the patient experienced severe headaches and pain. A CT scan conducted shortly after revealed a Subarachnoid Haemorrhage (SAH). Despite this critical finding, the hospital continued treatment with routine medications, and further scans showed no improvement. Eventually, a neurologist recommended an MRI, which indicated a herniation of brain tissue due to surgical injury, prompting a subsequent brain surgery in Ahmedabad.

Claims of Negligence

The complainant argued that the surgery without a CT scan resulted in permanent brain damage, multiple surgeries, and significant lifestyle restrictions. The patient was advised to avoid driving, fire, cold water, heights, and strenuous activities.

Defense by Hospital and Specialist

The hospital and ENT specialist contended that the patient was properly examined and treated according to standard procedures. They asserted that the CT scan was advised but refused by the patient and her father. They maintained that the SAH was a known complication of the procedure and did not indicate negligence.

Earlier Ruling by Rajasthan Consumer Court

The State Consumer Court of Rajasthan previously ruled against the doctor, stating that a lack of due care led to the complications. The court held both the doctor and hospital liable, initially awarding Rs 17,34,284 in compensation.

Appeal to NCDRC

The hospital and doctor appealed to the NCDRC, citing an inquiry report that found no medical negligence. The Rajasthan Medical Council had similarly concluded that no gross negligence was evident but warned the doctor to exercise more caution.

NCDRC’s Findings

Upon review, the NCDRC found that the absence of a CT scan before surgery constituted medical negligence. The Commission noted that the literature supporting the requirement for a CT scan remained uncontradicted by the appellants. It emphasized the need for caution in surgeries involving proximity to the brain, particularly in a young patient.

Final Decision on Compensation

The NCDRC acknowledged the previous compensation amount as excessive and reduced it to Rs 10 lakh, stating that this amount would adequately serve justice.

Further Information

For the complete order, please refer to the following link: [NCDRC Order](https://medicaldialogues.in/pdf_upload/geetanjali-medical-college-hospital-rs-10-l-hospital-308514.pdf).

Related Case

In a separate incident, Kamineni Hospital in Telangana was fined Rs 1 crore for administering double anesthesia to a patient during a cesarean section.