Fortis Escorts and Doctor Ordered to Pay Rs 65 Lakh for Patient's Brain Injury

The National Consumer Disputes Redressal Commission (NCDRC) has ordered Fortis Escorts Heart Institute and one of its doctors to pay Rs 65 lakh to a patient who suffered permanent brain damage during an angioplasty in 2011. The patient, who is now in a vegetative state, underwent the procedure at the Okhla Road facility.

The commission, led by Justice Ram Surat Ram Maurya and member Bharat Kumar Pandya, reviewed a complaint filed by the patient's wife. She sought compensation for the medical negligence that led to her husband's condition. The incident occurred in May 2011 during an elective angioplasty.

Medical Negligence and Delayed Diagnosis

The commission noted that Dr. Ashok Seth, chairman of the cardiac sciences department, ignored the patient's lung condition before proceeding with the angioplasty. The patient was co-morbid, and the procedure was not urgent. "It is proved that Opposite Party 2 Dr Ashok Seth... had ignored the lung condition of the patient," stated the commission.

According to the complaint, it took around 72 hours for the hospital to diagnose that the patient had suffered a brain haemorrhage or seizure. This delay resulted in permanent brain damage. Following the seizure, the patient underwent surgery and remained in a coma for a month.

Impact on Patient's Life

When he emerged from the coma, he was completely paralysed on his left side and lost his ability to speak, hear, or understand others. He now requires assistance for all daily activities. The complaint highlighted that he is unable to perform any routine work independently.

The commission's verdict dated August 7 mandated compensation for the patient. "Opposite Parties 1 Fortis Escorts and 2 Seth are jointly and severally directed to pay Rs 65 lakh with interest at the rate of 6 per cent per annum from the date of filing this complaint till the date of payment, within two months," it stated.

Compensation Considerations

In determining compensation, various factors were considered including loss of income, consortium, medical expenses, travel costs, and ongoing medical and nursing care. The commission observed that caring for a severely handicapped person imposes significant physical, financial, and emotional burdens on both the victim and their family.

"The case of an injured and disabled person is more pitiable...the feeling of hurt, helplessness, despair and often destitution endures every day," noted the commission. It emphasised that support for such individuals comes at a high cost, affecting not just them but also their families and caregivers.

The NCDRC's decision underscores the importance of thorough medical evaluation before elective procedures and timely diagnosis in preventing severe outcomes.