Penalty on Panchkula hospital

Tribune News Service

Panchkula, June 27

For lapse and deficiency in providing treatment, the District Consumer Disputes Redressal Forum has directed Alchemist Hospital and New India Insurance Company to pay Rs 1.10 lakh to a city resident.

Complainant Parveen Singal, a resident of Sector 12-A, Panchkula, had stated that she was suffering from breast cancer and was getting treatment at Alchemist Hospital. 

A specific type of medicine was required to be injected intravenous (IV) to the complainant as part of the treatment (chemotherapy) and for that purpose, she had to get herself admitted as a day-care patient.

Accordingly, on October 20, 2016, the aforesaid medicine was injected by the doctor/staff of the hospital in the arm of the complainant. 

However, some part of the medicine extravasated, which resulted into pain, redness and swelling on the forearm. 

She approached the hospital, but did not get any relief. She visited the hospital two more times but in futile.

Thereafter, she visited Command Hospital. However, the condition of the complainant did not improve and doctors suggested excision of the skin. 

Since, the condition of the patient further deteriorated as there was intolerable pain and blood was oozing out of the wounds, she approached Max Health Care Hospital, Mohali. 

The complainant had to make many visits for treatment and spent a hefty amount on it. She has been suggested skin graft, but that can be done only after completion of chemotherapy. 

The complainant said she had to bear pain and suffering because of the negligent act on the part of doctors or staff of the hospital in not properly injecting the medicine.

In its written statement, the hospital denied any negligent act on their part. It has not been admitted that the medicine was not properly injected or extravasation of medicine was there. 

However, it had been mentioned that incorrect insertion of IV drip on peripheral line was common during medical procedure and that the hospital had a standard protocol to remove the drip as soon as any swelling is visible and that the staff, as per the standard procedure, removed the drip as soon as the initial signs of redness and swelling appeared. 

In its reply, New India Insurance Company, the insurer of the hospital, stated that there was no medical negligence on the part of the attending staff, nurses and the doctor while injecting the chemotherapeutic drug into the right forearm of the complainant and there was no expert evidence substantiating the claim of the complainant. 

After hearing the arguments, the forum concluded that there had been lapse and deficiency on the part of the hospital while providing treatment to the complainant and hence, the hospital and insurance company were liable to compensate the complainant jointly and severely. 

Regarding the relief, the forum directed the hospital and the insurance company to pay an amount of Rs 50,000 to the complainant on account of permanent scar on her right forearm/disfigurement, to pay a lump sum amount of Rs 50,000 on account of physical pain, suffering, mental agony and harassment and Rs 10,000 on account of litigation charges.

Medicine extravasated

• A specific type of medicine was required to be injected intravenous (IV) to the complainant as part of the treatment (chemotherapy) and for that purpose, she had to get herself admitted as a day-care patient.
• However, some part of the medicine extravasated, which resulted into pain, redness and swelling on the forearm.