Kamalapuri colony Tanveer Hospitals directed to pay Rs. 5L compensation to patient's family for negligence

Thrilochan Kumar Gadi's father Srinivas Rao (78) was admitted to Tanveer Hospitals after he complained of pain in his lower limbs, weakness, giddiness, low back pain, and fever. The hospital advised him to undergo some tests like LFT, RBS, RFT, CBP, Serum, Creatinine, ECG, along with other tests like FBS & PLBS the next day. Accordingly, the ECG was taken at about 9:15 p.m and the patient was administered some medicines. The ECG was abnormal and the patient was advised to consult a cardiologist.

Mr. Kumar alleged that his father ate dinner and suddenly started sweating excessively and suffered from shortness of breath. The hospital had advised them to consult a cardiologist but they did not call any cardiologist and simply advised the attendant to watch the patient.

The patient was examined again and another ECG test done. The second ECG, too, was abnormal and the patient's condition showed no improvement. He continued to suffer from excessive sweating and shortness of breath and yet no cardiologist was called. He was kept in the general ward. It was only the next morning that the patient was shifted to the ICU after he complained of a sudden onset of excessive sweating and shortness of breath. The complainant however submitted that the patient had complained of a similar problem the previous day.

Another ECG taken at about 6 a.m showed that the patient was at high risk and the hospital started the treatment. A general physician visited the patient and observed that he had a sudden episode of acute myocardial infarction. He was put on a mechanical ventilator. The hospital started treating the patient without calling a cardiologist and after one-and-a-half hours, the patient was declared dead. His body was handed over to the complainant.

Mr. Kumar further said that after receiving the folder issued by the hospital, he saw that it was only for obstetrics, gynecology, menopause, osteoporosis, neonatology, pediatric, adolescent care, and obesity and that patients with any other complaints should not be admitted to the hospital. The hospital had started treating Rao without calling any specialists and had not even referred the patient to a super specialty hospital. This had led to the patient's death, the complainant alleged.

The hospital, in its submission, said the general physician had explained to the patient's wife that he had suddenly developed myocardial infarction and that the patient should be shifted to a higher center for further management. But the wife was 68 years old and alone and could not take any decision nor did she have the money and there were no other attendants available. When the doctor spoke to the patient's daughter and son-in-law on the phone they requested the doctor to continue the treatment in their hospital. Considering the man's co-morbidities, age, and financial difficulty in getting treatment in corporate hospitals, the hospital had started treatment.

The commission said that even the general physician has advised consultation with a cardiologist but the hospital had not called one. "It is not the duty of the patient's attendants to call for or make arrangements to bring specialists for the treatment of the patient at the hospital. It is the bounded duty of the hospital to make such an arrangement. There appears to be no effort put by the hospital to call the specialist after having clearly expressed opinion in the case sheet for consultation with a cardiologist. They simply tried to escape their responsibility," observed the commission.

It asked Tanveer Hospitals to pay Rs. 5 lakh to the patient's family as compensation and Rs. 10,000 towards costs of the litigation.