LINEAGE HEALTHCARE LIMITED Vs. SANJAY GOYAL

JUDGEMENT

(1.) The Appellant filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (the Act'), against the Order dtd. 5/4/2016 passed by the State Consumer Disputes Redressal Commission, Lucknow ('State Commission') in CC No.18/2015, wherein the State Commission allowed the Complaint.

(2.) For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

(3.) Brief facts of the case, as per the complainant, are that the OP Cocoon Hospital engaged in healthcare business committed gross negligence in the treatment of the spouse of the complainant - Mrs. Pooja Goyal, aged 28 years, resulting in her untimely death. Mrs. Goyal was under the continuous care and observation of Dr. Priya Gupta at Cocoon Hospital during the entire period of her pregnancy. Being an educated individual, she diligently followed all medical instructions and guidance provided to her. On 5/1/2015, Mrs. Goyal visited Cocoon Hospital with high fever and cold. Dr. Priya Gupta prescribed antipyretic medications to reduce fever and informed her that she would require surgical delivery based on sonography results. Despite taking the prescribed medications and following all instructions and precautions, Mrs. Goyal's fever and cold symptoms persisted. On 8/1/2015, at the completion of her pregnancy term, Mrs. Goyal was admitted to Cocoon Hospital for delivery. Despite her unresolved fever and cold symptoms, the OP hospital deemed her fit for surgery after conducting routine tests and examinations. Following the caesarean, Mrs. Goyal delivered her son but continued to experience fever, which intensified within hours after the surgery. When the complainant expressed concern, the hospital staff assured him that there was nothing to worry about and that his wife would recover soon. When her fever did not subside for three consecutive days, the complainant requested her discharge and referral to another medical facility. However, Cocoon Hospital refused this request, continuing to provide assurances of her imminent recovery. Significantly, no tests were conducted to screen for swine flu despite the persistent symptoms. On 12/1/2015, the complainant consulted with Narayana Hridayalaya Hospital, presenting all test reports and explaining the entire case history. The physicians at Narayana Hridayalaya immediately contacted Cocoon Hospital by telephone, expressing suspicion that Mrs. Goyal might be suffering from swine flu and recommending urgent examination. Upon learning of the suspected swine flu diagnosis, OP hastily discharged her without documenting any abnormalities related to her persistent illness. On the same day, the family including the complainant admitted Mrs. Goyal to the Intensive Care Unit at Narayana Hridayalaya Hospital, where subsequent testing confirmed she was positive for swine flu. The attending physicians determined that Mrs. Goyal had been suffering from swine flu since 5/1/2015, but received no appropriate treatment. Further, she underwent surgery in this compromised condition, resulting in a critical situation. Tragically, on 15/1/2015, at 10:00 AM she succumbed to her condition. The complainant contended that OP Hospital failed in its primary duty to conduct appropriate examinations to diagnose Mrs. Goyal's illness, particularly in a climate where swine flu cases were common in the city and testing was recommended even for persistent common cold symptoms. Moreover, in display gross of negligence, OP performed a surgical delivery while Mrs. Goyal was febrile a practice that fundamentally contravenes established medical protocols. Despite repeated communications from both of them regarding her deteriorating condition, the OP Hospital, failed to conduct appropriate testing for swine flu and negligently disregarded their concerns. This negligent oversight and inaction directly contributed to her tragic death. The OP's conduct, negligence and dismissive attitude resulted in loss of Mrs. Pooja Goyal's life, which constitutes an immeasurable loss to him, their children, and the entire family. Their actions are grossly negligent constitute a blatant violation of applicable healthcare standards and laws. While he repeatedly brought these lapses, infirmities, defects, and deficiencies in her treatment to their attention, OPs consistently failed to provide any positive response to these communications and made no effort to initiate the requisite line of treatment that could have potentially saved her life.