Pranav B Prem

The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, comprising Amrinder Singh Sidhu (President) and Brij Mohan Sharma (Member), has held Healing Hospital and Institute of Paramedical Sciences and three of its doctors liable for medical negligence. The Commission directed them to pay ₹50 lakh as compensation to the complainant, a 45-year-old woman who suffered amputation of four fingers and permanent disability.

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Facts of the Case

The complainant, Gurmeet Kaur, a resident of Mohali, was admitted to Healing Hospital on 25 November 2020 with complaints of headache, vomiting, stomach ache, and back pain. She was treated for a gastro problem, and a cannula was inserted into her left hand. On 28 November, the complainant began experiencing pain and swelling in the left hand. The attending doctors considered it minor and treated it with dressing and medicines. By the next day, 29 November, her hand turned blue and numb. Surgery was attempted but abandoned midway, after which she was referred to PGIMER, Chandigarh, in an unstable condition with an open wound.

At PGI, she underwent emergency treatment, which included amputation of four fingers of her left hand. Later, the medical board certified 85% permanent disability, leaving her unable to perform basic tasks. The complainant alleged that the hospital ignored the warning signs, failed to follow standard protocol by not removing the cannula in time, and abandoned surgery midway without informing the family of the seriousness of the condition. She sought compensation of ₹1.51 crore for medical expenses, bionic hand costs, pain, suffering, and trauma.

Contentions of the Opposite Parties

The hospital and doctors (OPs 1–4) denied negligence, claiming that the patient was already suffering from infection, low haemoglobin, and other complications. They argued that the cannula was managed properly, consent for surgery was taken, and referral to PGI was necessary due to the severity of the condition. They termed the complaint frivolous and intended to harass the doctors. The insurance companies (OPs 5–8) were also impleaded. While OP No.5 (New India Assurance Co.) admitted liability only to the extent of policy coverage, OPs 6 and 7 were given up during proceedings, and OP No.8 was proceeded against ex parte.

Observations of the Commission

The Commission noted that the complainant was admitted with gastro issues and a healthy hand, but the cannula insertion led to swelling, pain, and discoloration, which were ignored. Standard protocol required immediate removal and examination, which was not done. It found that the patient was referred to PGI with an open surgical wound, which amounted to abandonment of treatment in a critical condition. The Commission also observed that non-collection of ambulance charges and other bills indirectly showed acknowledgment of fault by the hospital.

The Commission held: “When the patient went to the hospital with a healthy hand for a gastro problem, and later suffered gangrene and amputation of four fingers due to improper cannula management, the burden shifted to the hospital to prove otherwise, which it miserably failed to discharge.” The disability certificate showing 85% disability, along with photographic evidence, established that the complainant had suffered life-altering consequences due to the hospital’s negligence.

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The Commission directed Healing Hospital and its doctors (OP Nos.1–4) to pay a lump-sum compensation of ₹50 lakh to the complainant within 45 days. In case of default, the amount would carry 9% annual interest from the date of the order until realization.

Appearance

Sh.Varun Bhardwaj, Counsel for Complainant

Sh.Munish Kapila, Counsel for OP No.1 to 4.

Ms.Mallika Dhillon, Advocate Proxy for Sh.S.S.Sidhu, Counsel for OP No.5.

Sh.Sahil Abhi, Counsel for OP No.8 (through VC) (OP No.8 ex-parte) (join the proceedings on 07.02.2025)

Cause Title: Gurmeet Kaur V.  Healing Hospital and Institute of Paramedical Sciences & Ors.

Case No: Consumer Complaint No.  DC/AB1/44/CC/433/2022

Coram: Amrinder Singh Sidhu (President), Brij Mohan Sharma (Member)