No Cure for an Ailment Cannot Be Classified as Negligence: NCDRC


Shivendra Mishra    14 December 2022

In a major move, the National Consumer Disputes Redressal Commission (NCDRC) ruled that no cure for an ailment cannot be considered medical negligence. The Bench of Presiding Members, Dr. SM Kantikar C., and Mr. Binoy Kumar, disposed of a complaint filed by the parents of a deceased person who was injured in a car accident. They also added that, as per reports from the MCI, the treatment provided by the OPs was a standard protocol.


The parents of the deceased patients sought compensation of Rs. 4 crores for negligence from the doctor and hospital who treated the patient in their complaint. According to the original complaint, the deceased patient was suffering from a traumatic brain injury (TBI) caused by a car accident, and he eventually passed away. The parents of the patient alleged that when their son was brought to the PGI, Chandigarh, the doctor in OP1 electively ventilated the patient without any consent. They added that the ICU services of the hospital were outsourced to a third party and that the hospital was not equipped to deal with neurosurgery cases.


On the other hand, the OPs stated that the patient was kept in the hospital for over five hours, which resulted in the deterioration of the patient’s health. They further noted that the complainants shifted the patient from PGI to Chandigarh against medical advice and came to OP Hospital of their own free will. They clarified that the patient was put on the ventilator as he had diffuse brain edema and acute subdural hemorrhage. 

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