Hospital rapped over failure to provide patient’s medical record, told to pay Rs 1 lakh

Bhushan Kochar was hospitalized on December 4, 2002 and subsequently underwent a surgery. He was then referred to a government tertiary care hospital. As no ventilator was available, he was shifted to a private hospital, where he underwent two surgeries, but died within 12 days.
The family filed a complaint before the Panchkula District Forum alleging medical negligence.The forum awarded over Rs 4.5 lakh compensation. The Haryana State Commission set aside the order in appeal and dismissed the complaint, holding there was no negligence. The family filed a revision petition before the National Commission, which noted from the medical record that the patient was a chronic alcoholic with renal failure. Being in a critical condition, his consent could not be obtained. However, his wife’s informed consent for high-risk surgery had been taken. A decision was correctly taken to shift the patient to a higher care centre for ventilator support.
In its order of July 2, the National Commission observed there was no negligence as the hospital and doctors had acted as per standard protocol to save a critical patient and then shift him for better care. Also, a detailed referral note would suffice in emergency. However, the failure to furnish the medical record within 72 hours was held to be in violation of the Code of Medical Ethics. Hence, though there was no medical negligence, the hospital and the doctors were held liable to pay Rs1 lakh for failure to furnish the medical record. Payment has to be made within six weeks, or with 10% interest if delayed.
(The author is a consumer activist and has won the Govt.of India's National Youth Award for Consumer Protection. His email is jehangir.gai.columnist@outlook.in )