Apollo hospital,doctor fined Rs 2 lakh

“While no medical negligence can be attributed to the neuro physician in respect of his diagnosis and treatment,he was negligent in not considering further diagnostic tests to ascertain the cause of the patient’s repeated complaints of shoulder and neck pain during his first round of in-patient treatment at the hospital,” the Commission,comprising members Justice R C Jain and Anupam Dasgupta,said.

The Commission passed the order on an appeal filed by the Hyderabad-based resident challenging the Andhra Pradesh State Consumer Commission’s direction which absolved the hospital and the doctor of any medical negligence.

It noted that the physician was negligent in not recording the past case history of the patient in the discharge summary which led to delay in his undergoing surgery of cervical spondylosis myelopathy (CSM),a spinal cord dysfunction.

The Commission held that the staff of the hospital was also negligent in not conducting pre-operative check ups before surgery. As a result,he was sent back from the operation theatre,it said.

It held that Reddy was also made to pay for air condition room despite the hospital not providing him the facility which amounted to deficiency in service.

“For the physical pain and compromised prognosis of recovery due to the negligence which caused delay in the diagnosis and treatment of CSM,negligence in the pre-surgery investigations prior to the surgery and in not providing a room with the type of facility paid for,a compensation of Rs two lakh would meet the ends of justice,” it said.

Reddy had claimed a compensation of Rs 18 lakh from the apex consumer body for medical negligence and deficiency in service from the hospital and its physician.