11 June 2024 Medical Negligence >> Consumer Rights  

A recent consumer court case involved a man suing a hospital for alleged medical malpractice related to his wife's pacemaker implantation. The wife, who suffered from a severe heart condition, passed away shortly after the procedure.

The husband, acting as the complainant, claimed the hospital provided a defective pacemaker that caused an infection and worsened his wife's condition. He sought compensation for the cost of the pacemaker, medical expenses, and mental agony.

Both the District Forum and the State Commission concurred that the doctors were not negligent in their treatment. However, the courts ruled that the hospital was deficient in service for not showing the pacemaker to the complainant before implantation. This lack of transparency constituted a lapse in patient care.

The hospital challenged the lower courts' rulings by filing a revision petition. While the court acknowledged the hospital's argument regarding the absence of proven medical negligence, it upheld the finding of deficient service.

The court's final order required the hospital to pay the complainant a compensation of Rs. 2,00,000 for the deficiency in service related to not showing the pacemaker beforehand. The court maintained the lower courts' decisions on the absence of medical malpractice by the doctors.