Can You Sue Hospital For 'Unnecessary' Surgery? What Consumer Forum Said In Case Against Fortis Hospital

The consumer commission was told by the family of the aggrieved man that Fortis Escorts Heart Institute and Research Centre "unnecessarily" conducted elective angioplasty on a 62-year-old man, which was not required in his case.

Angioplasty is a medical procedure done to open blocked arteries, veins etc.

Source : Canva

In a recent order, the National Consumer Disputes Redressal Commission (NCDRC) directed the Fortis Hospital and the head of cardiac department to pay Rs 65 Lakhs to the family of a man who was left partially paralysed after an "unnecessary" angioplasty. The forum found that due to negligence on part of the Doctor, the patient slipped into a coma for a while and was left with permanent brain injury.

The consumer commission was told by the family of the aggrieved man that Fortis Escorts Heart Institute and Research Centre "unnecessarily" conducted elective angioplasty on a 62-year-old man, which was not required in his case.

Angioplasty is a medical procedure done to open blocked arteries, veins etc.

The August 7 order noted that the doctor ignored the condition of lungs in the patient's body and proceeded to conduct angioplasty.

"It is proved that OP-2 had ignored the lungs condition of the patient and proceeded for angioplasty although the patient was co-morbid and angioplasty was elective and not compulsory at that time. They cannot shirk their responsibility by saying that the patient and his daughter were doctors and they had given their informed consent, knowing well the risks and benefits,” the order stated.

The court calculated the compensation at Rs 65 lakhs as it found that the patient was earning Rs. 30,000/- per month from his own medical profession.

"Loss of income if Rs. 360000/- per annum. In order to capitalize loss of income we multiply annual income by 7 and loss of income is Rs. 25,20,000/-. The opposite parties admitted payment of Rs. 2,13,228/- at OP-1 hospital and Rs. 14,10,311/-at Fortis Hospital, Vasant Kunj. If we include travelling expenses, it would be about Rs.17 lacs. On day to day medical and nursing care of the patient, we assess expenses of Rs.10,000/- per month, annual expenses is Rs. 1,12,000/-. If we capitalize it by multiplying by 7, it will be Rs.7,84,000/-. For loss of consortium, we award Rs.2 lac and for pain and suffering Rs.10 lacs. Litigation costs, we award Rs.2 lacs. Total amount comes Rs.6404000/-. We round off the amount to Rs.65/- lacs," the order read.

The consumer forum ruled that the hospital and the doctor should jointly and severally pay Rs.65/- lacs with interest 6% per annum from the date of filing this complaint till the date of payment, within a period of two months from the date of the judgment.

The patient's family told the consumer forum that even after coming out of the coma, he suffered complete paralysis on his left side and lost his ability to speak, hear or understand other people and was left in a vegetative state. The complaint dates back to 2011.

The patient's wife alleged that Dr Ashok Seth and his team unnecessarily conducted an angioplasty on her husband and also committed gross negligence during the procedure. The consumer forum on August 7 allowed her appeal.

The hospital however, contended that the patient and his elder daughter were Doctors themselves and were aware of the risks of angioplasty.

The hospital added that the father and daughter gave informed consent for the angioplasty and also insisted that it be conducted on the same day that they came to consult the doctor. They also refuted the claims of medical negligence.