In a case brought for re-appeal to the state commission, the patient was admitted to the hospital and gave birth via C-section. After the operation, the staff nurse gave a ‘metro 100’ intramuscular injection to the patient. Followed by the injection shot, the patient’s hands started swelling with pain. The doctors prescribed her various medicines after receiving her complaint, but her condition further deteriorated. Aggrieved by the act of doctors and hospitals, the patient filed a complaint with the District Commission and asked for Rs. 18,00,000/- for Deficiency in-service unfair trade practice, mental pain, and agony. District Commission held doctors and hospitals liable and directed them to pay Rs. 18,00,000/- to the patient. 

The appellants (doctors and hospital) submitted an appeal to the state commission stating that the district forum failed to recognize that no evidence showed that metro100 injection was given intramuscularly to the patient, due to which the damage was caused to the patient. Justice Sangita Dhingra Sehgal (President) and Mr. Rajan Sharma, Members of the bench, State Commission observed that the hospital gave appropriate treatment to the patient which was free of cost, including daily dressing and medication even after her discharge from the hospital.

Hence, the issue before the State Commission was whether the doctors and hospitals were guilty of medical negligence in treating the patient or not. The commission observed that, though the patient submitted that the Metro 100 injection was given intramuscularly and not intravenously by the nurse of the hospital, however, she has failed to bring on record any substantial evidence, oral or documentary, in support of her contentions. Delhi State Commission concluded that there existed no negligence on the part of the doctors and hospital as they had exercised due care and caution in treating the patient and the treatment given by them was proper and acceptable.