2 doctors of Sahara Hospital to pay Rs 30 lakh to patient for medical negligence

Apex consumer commission NCDRC has directed two doctors of Sahara India Medical Institute Limited, Lucknow, to pay Rs 30 lakh as compensation to a patient for repeated medical negligence in 2012 which led to kidney damage. The National Consumer Disputes Redressal Commission has directed Doctors Sandeep Agarwal and Muffazal Ahmed to pay Rs 20 lakh and Rs 10 lakh, respectively, to Gyan Mishra of Lucknow, who died during pendency of the consumer complaint.

It also said that the hospital shall be vicariously liable to pay the compensation amount to Mishra.

"Dr Sandeep Agarwal is directed to pay a sum of Rs 20 lakh as compensation to Mishra, whereas Dr Muffazal Ahmed is directed to pay a sum of Rs 10 lakh as compensation to him. Opposite party No.1 (Sahara India Medical Institute Limited) shall be vicariously liable to pay the aforesaid amounts to the complainant," said NCDRC.

The commission said since Mishra died during the pendency of the complaint, there was no evidence to prove that his death occurred due to medical negligence of the doctors but it was certain that his kidneys underwent damage during the year he took treatment under them.

"In December, 2013, it is not known how much more damage to his kidney occurred during the intervening period, though it can hardly be disputed that his kidneys must have suffered further damage on account of his creatinine level having not been managed for more than one year," NCDRC Presiding member V K Jain said.

According to Mishra's complaint, he was admitted in Sahara Hospital, Lucknow, in 2011 under the supervision of Doctor Agarwal.

His serum creatinine, a waste product in the blood, was found to be above the permitted range, indicating a kidney disease. However, no further treatment was given to him before being discharged.

He was readmitted to the hospital in December 2013 and was seen by both Doctors Agarwal and Ahmed. He was told to be suffering from end stage renal disease and required dialysis.

The complainant alleged that he was given iron injection during his stay in the hospital, though, it is contra indicated in case of patients suffering from kidney disease.

The counsel for the offending doctors said that Mishra was a chronic alcoholic with a longstanding history of diabetes mellitus, which is a common cause of chronic renal failure.

The doctors alleged that Mishra was also suffering from kidney and chronic liver disease.

The Ethical Committee of Uttar Pradesh Medical Council had given a recommendation in favour of the doctors, however, NCDRC refused to dismiss Mishra's complaint.

The commission also asked the hospital and the doctors to pay Rs 25,000 as cost of litigation to the victim.

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