Alchemist hospital in Panchkula and new insurance company are summoned to pay Rs 1 lakh to sector 12, Panchkula resident by District consumer disputes redressal forum Panchkula, on account of permanent scar/ disfigurement on her right forearm and physical pain, sufferings, mental agony and harassment.

The complainant Parveen Singal was undergoing treatment at the hospital for breast cancer. A specific type of medicine was required to be injected intravenously (IV) to the complainant as part of treatment (chemotherapy) and hence was admitted as a day care patient.

On October 20, 2016 the aforesaid medicine was injected by the doctor and staff in the arm of the complainant. But, some part of the medicine extravasated, which resulted into pain, redness and swelling on the forearm where the medicine was injected.

She approached the hospital and consulted Dr. Rupali Garg, who advised to apply ointment and take tablet orally. But the patient did not get relief and she visited the hospital two more times but could not get any relief. Hence, she visited another hospital i.e. Command Hospital, but still, the condition of the complainant did not improve, and the doctors suggested ‘excision of the skin and split skin graft’.

The condition of the patient further got worse as there was intolerable pain and blood oozing out of the wounds; she then approached Max Health Care Hospital, Mohali. The complainant had to make many visits for the treatment and spent a huge amount. She has been suggested skin graft which can be done only after completion of chemotherapy. The complainant has been continuously bearing pain and suffering because of the negligent act on the part of doctors or staff of the hospital.

The hospital though denied any negligence on its part. They stated that incorrect insertion of IV drip on peripheral line is common during medical procedure and that OP No.1 has standard protocol to remove the drip as soon as any swelling is visible and that the staff of OP No.1 as per the standard procedure removed the drip as soon as the initial signs of redness and swelling were shown. The hospital further stated that the complainant was asked to come for a review, if any discomfort continued but the complainant never came back for any follow up and there was delay of one week for follow up/check-up of redness and swelling on injection site at the forearm of the complainant.

The new India insurance company which is the insurer of the hospital denied any negligence on their part. The Forum after hearing all sides held that "the fact that it was a complication of chemotherapy drug and the doctor has not taken care of the specific treatment. There is no pleading that the concerned nurses were specially trained to administer the chemotherapy and were fully equipped and trained to deal with the case of extravasation. Facts itself speak that this case was taken as a case of general administration of medicine through IV whereas special care and precaution were required to be taken in case of chemotherapy as the horrifying complication of extravasation can occur.”

The hospital and insurance company are directed to pay Rs. 50,000 to the complainant on account of permanent scar/ disfigurement on her right forearm. They were further instructed to pay a lump sum amount of Rs 50,000 on account of physical pain, sufferings, mental agony and harassment. They are also directed to pay an amount of Rs 10,000 as litigation charges.