The National Consumer Disputes Redressal Commission (NCDRC) has found Metro Heart Institute with Multi Speciality in Faridabad and Dr. Bhanwar Lal Kamawat negligent in the post-operative care of a 39-year-old patient, Daksh Kumar, who died following hernia surgery. The commission awarded ₹20 lakh in compensation to the patient’s widow, Smt. Parul. Kumar’s case highlights the risks associated with post-surgical complications, even in routine procedures like hernia repair.
Kumar was admitted to the hospital on March 25, 2014, for treatment of an umbilical hernia, which the hospital described as obstructive. He underwent laparoscopic mesh hernioplasty that evening, a procedure often considered minimally invasive. A few hours after the surgery, Kumar complained of chest pain and uneasiness, symptoms that were initially investigated but not deemed critical. His condition worsened overnight, and he was declared dead at around 6:00 a.m. the next day, with pulmonary embolism identified as the cause of death. The rapid deterioration shows the importance of vigilant monitoring in post-operative patients.
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Allegations of Negligence
Smt. Parul filed a consumer complaint with the NCDRC, alleging medical negligence and deficiency in service. She claimed that the hospital and doctors failed in several areas, including inadequate post-operative monitoring, delays in diagnostic tests, failure to provide timely specialist care, and discrepancies in medical records. She argued that the hospital’s response to Kumar’s symptoms was insufficient, particularly given the lack of clear indications of pulmonary embolism before his sudden deterioration around 4:50 a.m.
The hospital and Dr. Kamawat denied these allegations. They stated that the surgery was medically justified due to the obstructive nature of the hernia and that emergency measures were taken when Kumar’s condition deteriorated. They also argued that his post-operative state was initially stable and that his chest pain was appropriately investigated. However, the hospital acknowledged that there were no clear signs of pulmonary embolism prior to the patient’s sudden decline, a point that became central to the NCDRC’s findings.
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NCDRC’s Findings
The NCDRC, comprising President Justice A.P. Sahi and Member Bharat Kumar Pandya, found that while the operating surgeon was not negligent, the hospital and attending doctor failed in their post-operative duties. The commission emphasized that the hospital’s inability to ensure the availability of appropriate specialists, such as cardiologists or pulmonologists, during Kumar’s critical hours was a significant lapse. It also held Dr. Kamawat responsible for not conducting timely investigations to rule out pulmonary embolism, despite the patient’s symptoms of chest pain and uneasiness.
Compensation Awarded
The NCDRC held Metro Heart Institute and Dr. Kamawat liable for negligence and awarded ₹20 lakh in compensation. The hospital is to pay ₹15 lakh, and Dr. Kamawat is to pay ₹5 lakh. The commission directed the payment within three months, with 6% annual interest applicable in case of default.