Delhi Consumer Commission Rejects Medical Negligence Allegations Against AIIMS and Its Doctors
Pranav B Prem
The Delhi State Consumer Disputes Redressal Commission, presided over by Justice Sangita Dhingra Sehgal (President) and Ms. Pinki (Judicial Member), has dismissed a complaint alleging medical negligence against the All India Institute of Medical Sciences (AIIMS) and its doctors. The Commission held that the allegations were vague, unsupported by expert opinion, and lacked any cogent material to establish negligence.
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Brief Facts
The complainant, Anil Kumar Singh, approached AIIMS for surgery to correct a deformity in his left ear. After registering with the hospital under a unique ID, he was given an advance date of 18 months for the procedure. On 14 August 2018, he underwent surgery. According to the complainant, the surgery was conducted negligently by a trainee doctor without the supervision of a senior doctor. He alleged that during the procedure, a cut was made below the chest near the heart to remove skin, which caused him severe pain and led to heart attacks. A black patch appeared near the operation site above the liver. He further claimed that after his discharge, he suffered multiple complications, including vein blockage, chest bone issues, repeated heart attacks, and continuous pain.
The complainant stated that though he was later referred to a senior doctor, he was denied further admission. He also alleged that the hospital failed to provide adequate information about the line of treatment. On these grounds, he sought compensation of ₹2 crore along with directions for further treatment.
Submissions of Opposite Parties
The hospital and doctors, represented as opposite parties, contended that the complainant was not a “consumer” under the Consumer Protection Act, 1986, since AIIMS provides medical services free of cost except for nominal registration fees. They asserted that all due care was taken in treating the complainant and that no negligence was committed. It was further submitted that both the surgical wound and the chest wound healed well without any pain. The complainant, however, continued to raise grievances and was later diagnosed with unrelated health conditions such as pulmonary tuberculosis, kidney stones, and chronic pain syndrome. The opposite parties argued that these ailments had no connection with the ENT surgery performed at AIIMS.
Observations of the Commission
The Commission examined the medical records and noted that the complainant was initially counselled before the surgery and was informed that “the outcome of the surgery may not be as good as normal natural pinna.” The surgery was performed under local anaesthesia and was uneventful. Post-surgery, the complainant was given painkillers, antibiotics, and other medications.
The records further revealed that the complainant was also referred to Neuro-Psychiatry for head injury and frontal lobe involvement sustained in a prior road accident. He underwent neurosurgery to remove a blood clot from the brain and was placed on anti-epileptic treatment. He was additionally referred to departments such as plastic surgery, casualty, chest physician, dermatology, and medicine for unrelated health complaints. After evaluating the complaint, the Commission observed that the allegations of medical negligence were “vague” and failed to disclose any specific details against the doctors. It held that: “There is not even a slightest whisper as to administration of which medicines and what treatment carves out a ground for medical negligence.” The Commission emphasized that the complainant had not placed on record any expert evidence or cogent material to substantiate his claims.
In light of the above findings, the Commission concluded that there was no negligence on the part of AIIMS or its doctors. Accordingly, the complaint was dismissed with no order as to costs.
Appearance
For the Complainant: Manish Shukla
For Opposite parties: Sonali Malhotra
Cause Title: Anil Kumar Singh V. AIIMS
Case No: Complaint Case No. 284/2020
Coram: Justice Sangita Dhingra Sehgal (President), Ms. Pinki (Judicial Member)
