The NCDRC also asked the PGI to carry out an internal probe in the case to fix the liability on individual doctors who were found negligent in the discharge of their duties.
The PGI had filed an appeal against the state commission order upholding a district forums direction to the hospital and its Director to pay the compensation along with Rs 30,000 as cost of litigation.
According to the complaint, the patient had been suffering from swelling and pain in his right foot and had decided to take treatment from the PGI in June 2011. PGI conducted two operations on his right foot on June 27, 2011 and October 5, 2011, but even after that the pain and the swelling continued.
The patient then consulted another hospital on November 5, 2011, which discovered a highly malignant tumour and amputated his knee, as the tumour had already spread due to the delayed diagnosis on PGI’s part.
The counsel for PGI argued it had acted as per the standard protocol governing the medical condition of the patient and failure to diagnose does not constitute medical negligence on any account.