Noida's Fortis hospital has been directed to pay a compensation of more than Rs 10 lakh to the family of a woman who had passed away following a surgery. The direction, by the National Consumer Disputes Redressal Commission (NCDRC) came after it observed the importance of obtaining informed consent from a patient. The patient, a 73-year-old woman was admitted to Fortis hospital in Noida and was taken for a surgery.
During the surgery, the family was informed of some complications, which also led to the patient being paralysed later. According to the apex consumer panel, no written consent was taken from the patient's family.
“The consent form filed with an affidavit is blank with respect to columns explaining the risks and hence we conclude that doctors did not disclose the nature and procedure of treatment, benefits and alternatives if any, available and the risks involved. There is negligence on behalf of the hospital," the NCDRC said.
An additional amount of ₹25,000 was also directed to be paid to the family towards litigation costs.
The NCDRC also said the patient was a homemaker and a mother and that her contribution towards the family cannot be measured monetarily.
“The amount being awarded as compensation is directed to be paid by the hospital as taking informed consent from the patient or attendant is its duty.”
The Bench also said, “The fact remains that the patient died subsequent to stenting which further enhances the importance of taking informed consent. Had the patient’s attendants been informed of the risks involved considering the patient’s age, the choice of going ahead with the surgery or not could have been thoughtfully exercised by them.”