Thane News: State Consumer Commission Sets Aside District Order, Directs Notice To Jupiter Hospital In Varsha Patil Medical Negligence Case

Mumbai: The State Consumer Disputes Redressal Commission (SCDRC) has set aside an order of the District Consumer Disputes Redressal Commission, Thane, terming it “improper” for refusing to issue notice to a hospital and doctors in an alleged medical negligence case involving the death of Varsha Patil.

Revision Application Allowed

Allowing a revision application filed by the deceased woman’s family, the State Commission directed that notices be issued to all five respondents, including Jupiter Hospital and its associated doctors, and asked them to file their written statements within the prescribed time.

The case stems from a complaint filed by Varsha Patil’s family alleging medical negligence leading to her death in October 2022. Initially, the District Commission had issued notice only to two respondents and refused to proceed against three others— including the hospital and two doctors—observing that no prima facie case of negligence was made out against them.

Argument Before State Commission

Challenging this order, Advocate Mohammad Shine, appearing for the family, argued that the District Commission had denied the complainants an opportunity to present evidence and establish the role of the additional respondents.

Accepting this contention, the State Commission held that such findings could not be reached at a preliminary stage without allowing parties to lead evidence. “The said facts are supposed to be proved by way of leading evidence… without giving opportunity… the finding is improper,” the Commission observed.

According to the complaint, Varsha Patil had been undergoing treatment for pregnancy-related complications and had a history of three preterm abortions. On August 22, 2022, she underwent a cervical encirclage procedure at the hospital as a preventive measure.

Sequence of Events

On October 9, 2022, she was admitted with complaints of fluid leakage. The family alleged that within hours of admission, she lost a significant amount of amniotic fluid, but no immediate treatment was administered. It is further alleged that her treating medical officer, Dr Datta Panandikar, Thane had allegedly examined her only nearly 24 hours later and allegedly advised further tests instead of immediate intervention.

The next day, October 11, Varsha reportedly developed symptoms of severe infection, including shivering, vomiting, fever, and an elevated pulse rate. Despite these signs, the family claimed that no doctor was physically present for a period, and treatment was administered by nursing staff on telephonic instructions.

Fatal Outcome

The complaint further alleges that she was made to walk for diagnostic tests despite her critical condition and the absence of basic facilities such as a working lift. Following this exertion, she collapsed. A subsequent ultrasound confirmed intrauterine fetal demise.

With her condition deteriorating, she was shifted to another facility for advanced treatment, where she delivered a stillborn child and later died on October 12, 2022. The family has alleged delays in treatment, lack of timely medical intervention, and improper handling of complications as contributing factors to her death.

Key Evidence

The State Commission noted that reports by a committee of doctors and the Thane Municipal Corporation indicated the involvement of the additional respondents in her treatment, and these aspects require proper adjudication.

Observing that the question of medical negligence can only be determined after a full trial, the Commission set aside the February 12, 2025 order of the District Commission and directed issuance of notices to all respondents.

It further directed the District Commission to decide the complaint in accordance with law after giving both sides a fair opportunity to present evidence.

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