Max Hospital and Doctor Ordered to Pay Rs 8 Lakh for Negligence

In May 2020, Akhilesh Kumar Sinha (now deceased) took his mother, Kapuro Sinha, to Max Hospital after she fell and fractured her right leg
An X-ray on May 22 confirmed the fracture, and the hospital estimated surgery costs at Rs 3.24 lakh. Kapuro Sinha was admitted to the hospital on May 26. (Representational image: Unsplash)
An X-ray on May 22 confirmed the fracture, and the hospital estimated surgery costs at Rs 3.24 lakh. Kapuro Sinha was admitted to the hospital on May 26. (Representational image: Unsplash)

Max Super Speciality Hospital, Mohali, and one of its doctors have been ordered to pay Rs 8 lakh to a resident for medical negligence in treating his 91-year-old mother in 2020. The State Consumer Disputes Redressal Commission of Chandigarh modified the earlier order of the District Consumer Disputes Redressal Commission, increasing the compensation amount.

In May 2020, Akhilesh Kumar Sinha (now deceased) took his mother, Kapuro Sinha, to Max Hospital after she fell and fractured her right leg. An X-ray on May 22 confirmed the fracture, and the hospital estimated surgery costs at Rs 3.24 lakh. Kapuro Sinha was admitted to the hospital on May 26.

Sinha claimed that the treating doctor assigned his duties to a junior doctor and did not attend to his mother personally. Additionally, he claimed the hospital should have sent his mother's COVID-19 sample to PGI, Chandigarh, instead of Max Hospital in Delhi, which resulted in a positive COVID-19 report. A subsequent test at PGI, Chandigarh, showed she was negative for COVID-19.

She passed away on June 3, 2020, which Sinha attributed to heavy doses of medication administered by the hospital. (Representational image: Unsplash)
She passed away on June 3, 2020, which Sinha attributed to heavy doses of medication administered by the hospital. (Representational image: Unsplash)

Despite Sinha's repeated requests to shift his mother to PGI, Chandigarh, the hospital did not comply. Instead, he was asked to vacate the private room on the night of May 29, 2020. The PGI report confirming the negative COVID-19 status arrived that evening. After clearing bills totaling Rs 1.77 lakh, Sinha's mother was discharged on May 31 and taken home. She passed away on June 3, 2020, which Sinha attributed to heavy doses of medication administered by the hospital.

Max Super Speciality Hospital and the treating doctor denied any negligence, deficiency in service or unfair trade practice. The District Commission initially ordered a compensation of Rs 5 lakh. Dissatisfied, Sinha appealed to the State Commission.

The State Commission found that the hospital's actions, including tampering with initial COVID-19 reports and administering unnecessary and heavy doses of medication, amounted to negligence. It increased the compensation to Rs 8 lakh, with Rs 50,000 to be paid by Dr. Bansidhar Tarai, the senior consultant and head of microbiology at the hospital.

(Input from various sources)

(Rehash/ Susmita Bhandary/MSM)

An X-ray on May 22 confirmed the fracture, and the hospital estimated surgery costs at Rs 3.24 lakh. Kapuro Sinha was admitted to the hospital on May 26. (Representational image: Unsplash)
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