Pune: The Maharashtra State Consumer Disputes Redressal Commission has set aside an order passed by the Pune District Consumer Commission in 2006, which had earlier held Grant Medical Foundation’s Ruby Hall Clinic and its doctors guilty of medical negligence.
Findings Of District Commission Termed “Not Proper And Correct”
The state commission, presided over by Justice S.P. Tavade and Vijay C. Premchandani, observed that the district commission’s findings were “not proper and correct” and had failed to consider the perspective of the medical practitioners accused of negligence. The state body thus set aside the lower commission’s order, terming it as one passed without a correct conclusion.
Case Dates Back To 2003 Brain Tumour Surgery
The case dates back to June 2003, when Babychanda Shrivastava, wife of Rabindraprasad Shrivastava, approached Ruby Hall Clinic for persistent headaches. Neurosurgeon Dr. S. Vhora, attached to the hospital, examined her and advised an MRI scan, which revealed a tumour near the left ear nerve pressing against the brain — medically known as an acoustic schwannoma. Surgery was recommended to relieve the pressure.
Operation Abandoned Mid-Way Due To Risk To Life
According to medical notes, around 75% of the tumour was estimated to have been removed during the operation. The surgeons later stated that the surgery had to be abandoned mid-way due to swelling in the cerebellum, which, if continued, could have led to the patient’s death or permanent disability. The hospital maintained that this was a medical judgment call, not an act of negligence.
Surgeons Prioritised Patient’s Safety, Say Records
“Following the procedural manual, It is also contended that the operation lasted for 5½ hours but looking to the swelling of the cerebellar, the surgeons abandoned the surgery, otherwise the (L) cerebellum would have to be sacrificed leading to either death of the patient on the operation table or the patient would have become severely disabled on invalid and she would not have been able to sit or walk independently,” reads the submitter medical papers.
Complainant Alleged False Claims And Overcharging
However, Rabindraprasad Shrivastava filed a complaint alleging that the doctors had falsely claimed to have removed 75% of the tumour. He stated that post-surgery scans showed the tumour was still nearly the same size and that his wife had developed partial facial paralysis.
He accused the hospital of negligence and overcharging, claiming that despite paying Rs 63,485 under the Central Government Health Scheme (CGHS), the hospital initially demanded Rs 1.71 lakh, however later he had paid the amount as per the CGHS.
District Commission Had Ordered Compensation In 2006
In 2006, the Pune District Consumer Commission directed the hospital and the concerned doctors to jointly pay Rs 3,20,910 in compensation to the complainant, holding them responsible for medical negligence.
No Expert Medical Proof Submitted, Says State Commission
The hospital challenged this ruling before the State Commission. After examining the records, the State Commission noted that the complainant had failed to provide expert medical evidence or witness testimony to substantiate the negligence claim. It observed that the surgeons had acted cautiously during the operation, prioritising the patient’s safety.
Doctors Exercised Reasonable Skill And Care
“The medical professional is expected to bring a reasonable degree of skill and knowledge and exercise a reasonable degree of care. They cannot assure a positive result every time,” the order stated, adding that the complainant’s allegations were unsupported by medical proof.
No Overcharging Found; Ruby Hall Clinic Cleared
The commission further noted that the hospital’s billing was in line with the CGHS schedule of charges, and there was no evidence of overcharging.
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State Commission Dismisses Complaint Against Hospital
Accordingly, the State Consumer Commission dismissed the district commission’s order, ruling that Ruby Hall Clinic and its doctors were not guilty of medical negligence.
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