Wheelchair injuries don't come fall the canopy of Medical Negligence, but read why Hospital was held liable to pay damages. Adv. ROHiT Erande. ©

Wheelchair injuries don't come fall the canopy of  Medical Negligence, but read why Hospital was  held liable to pay damages. 

Adv. ROHiT Erande. ©

Case Details ;

Before : N.C. D.R.C.

REVISION PETITION NO. 67 OF 2020, decided on 8th July, 2021

DIRECTOR ADMINISTRATION, P.D. HINDUJA NATIONAL HOSPITAL & MEDICAL RESEARCH CENTRE V/s.  Smt. HARSHA ASHOK LALA

Coram : HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER

Judgement Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F67%2F2020&dtofhearing=2021-07-08

The Hon. commission began its judgment with the following paragraph. 

Patient Safety aims to prevent and reduce risks, errors and harm that occur to patients. The “Deny and Defend” approach of the hospital/doctor had a significant impact on patient safety. Unfortunately, when hospital staff and administrators do not keep their hospitals well organized or the supporting staffs make careless mistakes, innocent lives could be at risk.  When protecting the institution is the primary goal, poor practices are excused and justified, and patients remained at risk of injuries.

 Facts of the Case in short ::

1. The case is of September -2012. The complainant – patient came to Petitioner Hospital for follow-up check-up after her spinal surgery. It was alleged that she was very rashly and negligently wheeled from the hospital corridor, on the ramp by an unidentified security guard without putting seat belt, as a result of which she suffered ‘head-on fall’ from the wheelchair and sustained a fracture of left (ankle) lower end fibular tip.

2. It was further alleged that the hospital did not give her immediate first aid nor did Hospital inform Police and above it, she was made to stand in the queue for payment of X-Ray charges resulting to further pain and agony.

3. Therefore by alleging it to be gross negligence on part of the hospital, the complainant filed a case for claiming compensation of Rs.16,00,000/- before District forum and also lodged an FIR.

4. The Hospital admitted the fall of the patient from the wheelchair. However it was contended that the  junior doctor attended her immediately and provisional diagnosis mentioned as un-displaced fracture of lower end of left tibia. The treating doctor, Dr. Sanjay Agarwal, examined her and ruled out any fracture or any dislocation of left ankle joint and mentioned, it was only swelling around the ankle joint. A Sugar tong splint was given which was to be removed after 5 days and Air Cast splint was advised to be worn after 5 days. The patient was treated as per standards

5. The District Forum partly allowed the compliant and  directed the  hospital to pay Rs.1,00,000/- as compensation and Rs.10,000/- towards the cost of legal proceedings. further, the State Commission dismissed the petitioner’s appeal with Rs. 25,000/- costs and further directing the hospital to pay Rs.3,51,000/- compensation to the complainant and hence the Hospital knocked the doors of National Commission. 

Held ;

1. The National Commission upheld the order of State commission, however observed that this case does not fit into the medical negligence cases.

2. However it was observed that, the Wheelchairs are usually thought of a medical device that is meant to help those who are injured or have physical challenges; they can also be a source of injury when not properly used. 

3. It was further held that most wheelchair injuries that happen in a medical setting due to the negligence of medical staff and such could be easily prevented by a hospital or nursing home.

4. As words of caution, the Commission  added that hospital authorities should make systemic improvements in their administration and their grievance redressal mechanism to ensure the patient’s safety and to maintain a good Doctor-Patient relationship.

Wheelchairs are the inevitable part of Hospital Service and tis the hospital staff who is directly related to operation of wheelchairs and Doctors are not directly involved. in the current case also, the Doctors have been saved, however the Hospital has been held liable to pay compensation for the act of its employee. thus proper training, if not imparted yet, should be given to the concerned staff and this may save hospital from paying such type of compensation. fortunately, in this case there was no other serious or life threatening injury, otherwise there would have been more difficulties for Hospital.

Thanks and regards,

Adv. ROHiT Erande. ©

Pune.