The National Consumer Disputes Redressal Commission (NCDRC) has held a Ludhiana hospital and two doctors liable for allegedly failing to promptly treat a 36-year-old woman for her severe post-procedure pain and numbness and ordered Rs 15 lakh in compensation.Commission president Justice A P Sahi and member Bharat Kumar Pandya were hearing a consumer complaint filed by one Deepak Bansal and his wife Kiran Bala against Satguru Pratap Singh Apollo Hospitals, Ludhiana, and three doctors. The complaint related to Kiran Bala’s treatment and post-operative care after she was admitted in September 2011.“The hospital system itself should have ensured speedier MRI and speedier expert-neuro advise…Our final conclusion is that there is collective lack of urgency with which the team of incharge experts and the hospital’s system could have responded,” the commission said on August 4. It also noted “some lack of transparency and clarity in the doctor’s notes”.The case began on September 17, 2011, when Kiran Bala noticed unusual leakage of fluid from her nose. She was admitted to the Ludhiana hospital and underwent endoscopic repair for CSF rhinorrhoea. When the leakage recurred, a lumbar drain was placed to assist the treatment. She subsequently developed worsening pain, numbness and weakness in her lower limbs.Pain, numbness after drain placementThe commission’s scrutiny focused on the hours after the lumbar drain was placed. A recovery note at 5.30pm on September 23 recorded discomfort in both lower limbs that had persisted from before the procedure. The record also contained an instruction by Dr Gaurav to “inform dr. Deepinder”.The hospital maintained that Dr Deepender Singh visited the patient at around 9pm, but the commission noted that the medical record did not document the visit or any advice, treatment or investigation allegedly given by him.The next morning, Kiran Bala had numbness and weakness in both legs. An MRI was directed at around 10am on September 24 and conducted at 1pm. Its report, received around 4.30pm, showed findings suggestive of spinal thoracic cord myelitis with arachnoid enhancement.Story continues below this adThe hospital records showed that weakness progressed to complete paraplegia, with bladder and bowel involvement.Procedure, post-procedureThe commission drew a clear distinction between the lumbar drain procedure and the care that followed. It found no evidence that the drain had been negligently inserted or that there had been any deviation from treatment protocol, and also found nothing deficient in the first CSF repair surgery.However, it held that Kiran Bala’s repeated complaints of pain and increasing numbness should have prompted immediate expert consultation and investigation.Noting that motor power in her lower limbs had already fallen to one out of five by the morning of September 24, the commission said the treating surgeon and anaesthetist should have ensured the resident doctors and nursing staff were prepared to recognise signs of sensory loss and seek urgent expert opinion.Story continues below this adHospital, two doctors held liableThe commission held Satguru Pratap Singh Apollo Hospitals, Dr M Deepender Singh and Dr Gaurav Kuthiala liable.But it carefully qualified its finding, saying it was “unable to find any positive deficiency in the conduct of the procedure and the line of treatment when it was in fact provided”.The liability was not for “any positive medical negligence per se”, the commission said, but for failing to prepare the team attending the patient during the night to respond quickly to continuing pain and numbness after the lumbar region had been punctured and a drain left in place.The commission also said, “Such caution and more involved and rigorous monitoring of the patient’s condition was imperative.”It further observed that the conduct of the hospital team “does not seem to match up to the requirements of monitoring of the patient post placement of the drainage”.The commission did not find Dr Siddharth Garg liable, saying that when his consultation was sought, he had “duly, timely and effectively responded”.The complainants had sought Rs 2 crore in damages.The commission found the claim excessive and said the material on record did not establish a sufficient nexus between the amount claimed and the financial loss, mental agony or stress.It awarded Rs 15 lakh as lump-sum compensation, with 6 per cent interest from the date of the complaint until payment. The hospital will bear 90 per cent of the liability, while Dr Deepender Singh and Dr Gaurav Kuthiala will each bear 5 per cent. The hospital was also directed to pay Rs 25,000 as costs. The order has to be complied with by October 4. If the amount remains unpaid after that date, interest on the outstanding amount will rise to 9 per cent from October 4 onwards.TakeawayHospitals cannot be held liable merely because a patient develops a rare complication after treatment. But if they fail to respond promptly to warning signs, delay investigations or specialist consultation, or do not closely monitor a deteriorating patient, they can still be held accountable for deficiency in service.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these storiesBank ‘charges’ 16.5 per cent home loan interest, woman to get Rs 14.41 lakh payoutStory continues below this adInsurer rejects ovarian cyst surgery claim over ‘waiting period’, woman wins Rs 2.6 lakhNo refund months after ‘cancelling’ mattress order, Himachal man wins Rs 19,000 payout