Stroke treatment ‘delayed’ for Covid test, deceased PhD scholar’s parents win Rs 1 crore

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The Hyderabad District Consumer Disputes Redressal Commission has held a private hospital and its neurologist negligent and deficient in service in allegedly delaying treatment for a 30-year-old PhD scholar who suffered a massive brain stroke in August 2020 and died four days later. The forum directed them to pay Rs 1 crore to the man’s parents towards loss of dependency, income and future prospects, along with Rs 50,000 towards legal expenses.President B Uma Venkata Subba Lakshmi, along with members C Lakshmi Prasanna and B Raji Reddy, were hearing the complaint filed by the couple and found that the hospital and doctor failed to proceed with an urgently recommended procedure while waiting for family consent, and later delayed treatment while awaiting a Covid-19 RT-PCR report.“Opposite parties number 1 and 2 (hospital and neurologist) are jointly and severally held liable to compensate for the mental agony suffered by the complainants due to the loss of their young and potentially earning son who could have been of great financial and emotional support to the elderly or dependent parents-complainants herein,” the August 25 order read.Treatment ‘delayed’ over deposit, Covid testThe parents claimed that their son suffered from a brain stroke on August 17, 2020 and died on August 21, 2020, due to the negligence and deficiency of service on the part of the hospital and the doctor who treated him. The son was allegedly found unconscious in the corridors of his hostel around 2 pm and was rushed to the said hospital.The hospital allegedly told the attendants who accompanied the man that he had suffered a massive brain stroke. It was claimed that the hospital delayed the necessary treatment, which should have been done within a four-hour window, and insisted on the deposit of an advance payment.Also Read | College student misses Delhi flight after bus takes ‘different route’, wins Rs 73,000 payoutIt was further claimed that on the next day, the treating doctor examined the man and told his attendants that the surgery would be done that day, but later, the nurse came and collected samples for RT-PCR test to detect Covid and informed them that the surgery would be done only after the test result came in 24 hours.On August 19, 2020, around 7 am, the RT-PCR report was found to be positive, and it was advised to shift the patient to a Covid-designated hospital. It was submitted that the patient was not conscious and not responding during the period of shifting in the ambulance to the other hospital.Story continues below this adLater, at the time of admission to the other hospital, the patient’s attendants were informed that he was brain dead. The man’s condition then deteriorated and he was declared dead at 4 pm on August 21.Aggrieved, the parents sought compensation for the loss of their young son, who was pursuing a PhD in English at Hyderabad Central University. They added that he was the only ray of hope in their lives and would have been a big financial support to the family. The parents were represented by advocate Rajasri Manche.Hospital’s defenceThe hospital and its doctor, represented by advocates Ch Lakshminarayana and Lalith Jogi, while denying the allegations, argued that theirs was a non-Covid hospital and that it was mandatory to conduct a test and refer all Covid-positive patients to designated hospitals to deal with the coronavirus infection, as per government instructions.It was also argued that the patient was brought after the critical window of four hours for offering necessary treatment and that the attendants failed to clarify the onset of the stroke or the time when the patient was last seen well, to ascertain the four-hour window for necessary treatment. Thus, standard medication was given to stabilise the patient’s condition.Story continues below this ad‘Deprived parents of future support’Highlighting that the fundamental ingredients in a doctor-patient relationship are a duty to exercise reasonable skill, care, and knowledge, the commission held that the hospital and the doctor were negligent and deficient in providing necessary treatment to the patient.It found that the hospital and neurologist had a professional obligation to provide immediate emergency care and should not have allowed procedural, administrative or consent-related hurdles to delay life-saving treatment.Noting that the patient was a young, promising student pursuing his PhD with potential employment opportunity to support his family, the commission held that his untimely and preventable death abruptly deprived the aged parents of their primary source of future financial support, security and care in the evening of their lives.The court considered the son’s age, educational background, future career trajectory, and the immense suffering endured by his parents and found it just, fair, and equitable to award a sum of Rs 1 crore.Story continues below this adThe commission directed the hospital and the neurologist to pay Rs 1 crore to the complainants towards compensation for the loss of dependency, income, and future prospects resulting from the premature death of their young son. They were also asked to pay Rs 50,000 towards legal expenses.TakeawayThe ruling underlines that in a medical emergency, hospitals and doctors cannot allow procedural, administrative or consent-related hurdles to delay necessary life-saving treatment.Aggrieved consumers may contact the consumer helpline in their respective states (Telangana: 0771-2582902) or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these stories:Policy terms ‘not given upfront’: Kerala man wins Rs 2.8 lakh payout from insurance firmStory continues below this adPaid for protein powder online but ‘got nothing’, Himachal man wins Rs 58,000Passengers miss flight after timing change ‘sent to wrong email’, win Rs 1.8 lakh payout