Max Hospital, its doctor ordered to pay Rs 8 lakh to city resident for negligence

According to Sinha, on May 23, 2020, he approached Max Hospital India Limited (treating hospital), and after going through the X-ray report, the doctor opined that surgery was required and a rough estimate of Rs 3,24,000 was given to him. Following this, his mother was brought to the hospital in an ambulance and admitted there on May 26, 2020, he said.

It was alleged that the treating doctor delegated his responsibility to a junior and did not attend to the patient — thereby “the hospital did not discharge its duty”.

Sinha alleged, “The hospital should have sent the Covid-19 sample of my mother for testing to PGI, Chandigarh, which could save time, but the hospital sent the sample to Max Hospital, Delhi and my mother was shown to be Covid-19 positive in the report.”

Sinha alleged that after a discussion with doctors at the hospital, another sample of the patient was sent to PGI, Chandigarh, and when the reports arrived, all the complainants were found to be negative.

Sinha said, “Despite my repeated requests, the patient was not shifted to PGI, Chandigarh, rather I was asked to leave the private room at 9 pm. On the evening of May 29, 2020, I received the PGI report declaring my mother negative.” Sinha said after clearing all bills to the tune of Rs 1,77,490, the patient was discharged from the treating hospital and was taken to her home.

Sinha alleged, “Due to the negligence on the part of the treating hospital, my mother was brought back home on May 31, 2020, and breathed her last on June 3, 2020 as she was given heavy medicine doses.”

However, Max Super Speciality Hospital, Mohali, and the treating doctor in their reply denied that there was any medical negligence, deficiency in service or unfair trade practice on their part.

The District Commission on hearing the matter had ordered a compensation of Rs 5 lakh against the opposite parties, including Max Super Speciality Hospital, Mohali, and the treating doctor.

Sinha, however, filed an appeal against the District Commission’s order at the State Commission. The State Commission on hearing the matter held that “the alleged tampering with initial reports suggesting Covid-positive status, despite a negative test later, proved potential negligence on the part of opposite parties Max Super Speciality Hospital, Mohali and Dr Bansidhar Tarai, MD, Senior Consultant and Head Microbiology”.

Further, the improper treatment which is administering medications for a non-existent condition and heavy doses for an unconfirmed heart condition was non-adherence to proper medical protocols, said the State Commission, while increasing the compensation amount from Rs 5 lakh to Rs 8 lakh, out of which Rs 50,000 would be paid by Dr Tarai.