In a significant ruling, the National Consumer Disputes Redressal Commission (NCDRC) has mandated Fortis Escorts Heart Institute and its senior cardiologist, Dr. Ashok Seth, to compensate a patient with Rs 65 lakh. The patient suffered irreversible brain damage following an angioplasty procedure at the Okhla Road facility in 2011, leading to his current vegetative state.
The decision came after a complaint by the patient’s wife, alleging medical negligence during the procedure in May 2011. The panel, led by Justice Ram Surat Ram Maurya and member Bharat Kumar Pandya, highlighted that Dr. Seth overlooked the patient’s pre-existing lung condition and unnecessarily opted for angioplasty, despite its elective nature and the patient’s comorbid status.
The commission criticized the defense provided by the hospital and the doctor, which claimed that the patient, also a doctor, along with his daughter, had given informed consent. The NCDRC found this argument insufficient to absolve them of their responsibilities.
According to the complaint, it took the medical team 72 hours to identify and treat a brain hemorrhage or seizure that occurred post-procedure, which resulted in the patient’s catastrophic health decline. He spent a month in a coma and upon recovery, was paralyzed on the left side, lost his ability to speak, hear, or understand others, and required continuous assistance.
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On August 7, the NCDRC ruled that the suffering and daily needs of the severely handicapped patient warranted a substantial compensation, factoring in lost income, medical expenses, and emotional distress on both the victim and his family. The commission ordered the payment of Rs 65 lakh plus an interest rate of 6% per annum from the date of the complaint until full payment is made, to be fulfilled within two months.
