NCDRC Dismisses ₹1.55 Crore Medical Negligence Claim, Says No Lapse by Northern Railway or Batra Hospitals
Pranav B Prem
The National Consumer Disputes Redressal Commission (NCDRC), comprising Justice A.P. Sahi (President) and Mr. Bharatkumar Pandya (Member), has dismissed a consumer complaint alleging medical negligence against Northern Railway Central Hospital, Batra Hospital & Medical Research Centre, and the treating doctors in connection with the treatment and subsequent death of a 22–23-year-old patient, Ms. Monika Singh. The Commission held that the complainant failed to establish any deficiency in service or medical negligence and ruled that the medical records and evidence did not substantiate the allegations made against the hospitals or the doctors.
Background of the Case
The complaint was filed by Smt. Sarla Devi, mother of the deceased, seeking ₹1,55,60,000/- as compensation on the allegation that her daughter died due to delayed and negligent treatment. According to the complaint, the patient first experienced severe abdominal pain and vomiting on 21.07.2015 and was taken to Northern Railway Central Hospital around midnight. It was alleged that the doctors gave only symptomatic treatment, tentatively diagnosed appendicitis, and refused to admit her despite repeated requests. The complainant stated that this compelled the family to shift her to Batra Hospital on 22.07.2015, where she was allegedly left unattended for several hours before being admitted, and that delayed tests, delayed surgery, and lack of proper postoperative care ultimately led to her death on 26.07.2015. The complainant further alleged tampering of medical records, delay in performing diagnostic tests such as CECT, improper ICU access to the family, lack of communication by doctors, and that surgery was misrepresented as a “small operation” despite later revelation that a major intestinal procedure had been performed.
Defence of the Opposite Parties
Northern Railway Central Hospital contended that the patient was promptly examined in casualty and by the surgical department. Her vitals were normal, ultrasound findings suggested renal calculus from a prior report, and treatment—including injectable medication—was administered. The hospital submitted that the patient and her family left on their own after consultation without waiting for follow-up, and no negligence could therefore be attributed to them.
Batra Hospital and Dr. Vijay Hangloo denied all allegations, asserting that the patient arrived at 11:00 PM, not 4:00 PM as claimed by the complainant. They stated that she was immediately evaluated, admitted at 1:15 AM, provided IV antibiotics, and further investigated. CECT abdomen was advised and, upon receiving findings suggestive of ileocecal tuberculosis with perforation and peritonitis, surgery was carried out after obtaining high-risk informed consent. The hospital maintained that postoperative management included ventilatory support, multidisciplinary ICU care, antibiotics, blood transfusion, and continuous monitoring, yet the patient could not be saved due to multiorgan failure and septicemia.
Findings of the Commission
After carefully examining the pleadings, affidavits, and extensive medical record, the Commission found that allegations of refusal to admit, delay in treatment, and lack of monitoring were unsupported by evidence. With respect to Northern Railway Central Hospital, the Commission noted that the casualty and OPD records reflected proper examination, appropriate medication, and sound medical advice, and that there was no evidence of unreasonable refusal to admit or disregard of the patient’s condition.
Regarding the treatment at Batra Hospital, the Commission rejected the claim that the patient reached at 4 PM and remained unattended for nine hours, holding that the admission and assessment records established arrival at 11 PM. The Commission also declined to accept the allegation of tampering with BP readings and treatment sheets. It observed that minor overwriting in records did not in itself suggest foul play and that no credible basis existed to infer creation or manipulation of documents.
The findings revealed that abdominal tuberculosis with perforation peritonitis is a serious condition with high morbidity and mortality. The CECT findings, intraoperative discoveries of fecal contamination and right hemicolectomy, and subsequent deterioration of vitals were all consistent with the severity of the disease rather than any lapse in medical care. The Commission emphasized that the complainant had not produced expert medical opinion or literature to establish that the course of treatment adopted was contrary to accepted medical protocol or that an earlier CECT or surgery was medically imperative to prevent deterioration.
The Commission reiterated that mere allegations, emotional distress, or unfavourable clinical outcomes cannot constitute medical negligence unless supported by cogent evidence of deviation from standard medical protocol. Reference was placed on precedents including Kusum Sharma v. Batra Hospital (2010) 3 SCC 480, Jacob Mathew v. State of Punjab (2005) 6 SCC 1, Bombay Hospital & Medical Research Centre v. Asha Jaiswal (2021 SCC OnLine SC 1149), Dr. Harish Kumar Khurana v. Joginder Singh (2021) 10 SCC 291, and Chanda Rani Akhouri v. M.A. Methusethupati (2022 SCC OnLine SC 481), underscoring that medical professionals are not liable merely because the expected result could not be achieved and that a doctor choosing one recognized treatment method over another cannot be faulted solely on that basis.
Concluding that the complainant failed to establish any deficiency in service or deviation from standard medical practice on the part of any of the opposite parties, the NCDRC dismissed the complaint in its entirety. No compensation was awarded against Northern Railway Central Hospital, Batra Hospital, or the treating doctors, as the Commission found no medical negligence attributable to them.
Cause Title: Smt. Sarla Devi vs. Northern Railway Central Hospital & Ors.
Case No: Consumer Complaint No. 2227 of 2016
Coram: Justice A.P. Sahi (President), Mr. Bharatkumar Pandya (Member)
