Pranav B Prem

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, bench comprising Justice A.P. Sahi (President) and Mr. Bharatkumar Pandya (Member), has set aside the order of the Uttar Pradesh State Consumer Disputes Redressal Commission, which had held Ajanta Hospital & IVF Centre Pvt. Ltd. and its treating doctor liable for medical negligence leading to the death of Shyam Sunder Chaturvedi, aged 75. The NCDRC partly allowed the appeal filed by the hospital and the doctor, finding no deficiency in their treatment or nursing care.

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Background of the Case

The complainants, being the legal heirs of late Shyam Sunder Chaturvedi, filed a complaint before the Uttar Pradesh State Commission alleging that Ajanta Hospital and its doctor were negligent in the treatment provided during his admission from 30.09.2014 to 09.10.2014. The deceased, who was over 75 years old, suffered from multiple chronic conditions including diabetes, hypertension, a history of strokes, seizure disorder, cervical compression, chronic kidney disease, and general frailty.

He was admitted to Ajanta Hospital with complaints of fever, cough, and respiratory distress. During his stay, bedsores were noticed on 06.10.2014, for which treatment and regular dressing were provided. He was discharged on 09.10.2014 with advice to return for follow-up after five days. However, he did not return to the hospital and was later admitted to SIPS Hospital on 18.10.2014 for two days, and subsequently to Sahara Hospital on 20.10.2014, where he remained under treatment until his death on 09.11.2014.

Proceedings Before the State Commission

The State Commission, after evaluating the evidence, held that Ajanta Hospital and its doctor were negligent in providing adequate nursing care, resulting in the development of Stage-IV bedsores which allegedly contributed to the patient’s death. It directed the appellants to pay ₹5 lakh as compensation to the complainants. The Commission, however, did not find SIPS Hospital or Sahara Hospital negligent. Aggrieved by this decision, Ajanta Hospital and the treating doctor approached the NCDRC challenging the findings of negligence and the imposition of liability.

Contentions of the Parties

For the Complainants: It was alleged that the patient’s bedsores developed and worsened during his ICU stay at Ajanta Hospital due to inadequate nursing and poor medical attention. The complainants contended that improper care and lack of timely follow-up advice amounted to medical negligence.

For the Appellants (Ajanta Hospital & Doctor): The appellants contended that the patient had multiple severe health conditions and was highly vulnerable due to his age and chronic illnesses. They argued that proper treatment, including dressing, administration of antibiotics like Faropenem and Linezolid, and regular monitoring were provided. The patient, despite being advised to return for review, chose to remain at home and later sought treatment at other hospitals. The appellants relied on the Uttar Pradesh Medical Council’s Ethics Committee report, which found no negligence on their part.

Findings and Observations of the NCDRC

The Commission observed that bedsores were first detected on 06.10.2014, and the medical records confirmed that treatment was initiated immediately, including regular dressing and turning of the patient. The nurses’ and doctors’ notes evidenced consistent care and timely administration of medicines. After discharge, the patient did not return for follow-up as advised and instead sought treatment elsewhere. The NCDRC noted that any deterioration after discharge could not be attributed to Ajanta Hospital.

The Commission also took into account the Ethics Committee report dated 25.08.2017 of the Uttar Pradesh Medical Council, which found no medical negligence by Dr. Deepak Dewan or Ajanta Hospital, though it warned the hospital to ensure proper consent documentation for ventilator support in the future.

The NCDRC held that the State Commission’s conclusion that Stage-IV bedsores developed due to improper nursing care at Ajanta Hospital was not supported by evidence. The patient’s multiple comorbidities—including Type-2 diabetes, hypertension, chronic kidney disease, spinal issues, and previous paralytic strokes—were significant factors contributing to his deteriorating condition. The Commission observed that the hospital could not be held liable for the patient’s decision to remain at home and not follow medical advice after discharge.

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Finding the State Commission’s reasoning unsustainable, the NCDRC held that Ajanta Hospital and its doctor could not be held negligent merely because the patient developed bedsores during the course of treatment. The appeal was partly allowed, and the order fixing liability and awarding ₹5 lakh compensation was set aside. The Commission also directed that the statutory deposit made by the appellants before the NCDRC be refunded, while any amount already paid to the complainants pursuant to interim orders would not be recoverable.

Cause Title: Ajanta Hospital & IVF Centre Pvt. Ltd & Anr. v. Ajay Chaturvedi & 3 Ors.

Case No: First Appeal No. 831 of 2022

Coram: Justice A.P. Sahi, President, Mr. Bharatkumar Pandya, Member