Fortis Escorts Heart Institute Ordered to Pay ₹65 Lakhs for Negligence in Elective Angioplasty, Leaving Patient Partially Paralyzed

New Delhi, August 11, 2024:
In a landmark ruling, the National Consumer Disputes Redressal Commission (NCDRC) has ordered the Fortis Escorts Heart Institute and Research Centre, Delhi, along with the head of its cardiac department, Dr. Ashok Seth, to pay ₹65 lakhs in compensation to the family of a 62-year-old man who was left partially paralyzed following an elective angioplasty.

The decision, delivered on August 7 by Presiding Member Justice Ram Surat Ram Maurya and Technical Member Bharat Kumar Pandya, upheld the claims made by the patient’s family that the angioplasty was unnecessary and conducted despite the patient’s co-morbid conditions.

The case, which dates back to 2012, involved the patient’s wife filing a complaint alleging gross medical negligence. According to the complaint, Dr. Ashok Seth and his team proceeded with the angioplasty without adequately considering the patient’s lung condition, which ultimately led to severe complications.

“It is proved that OP-2 (cardiac doctor) had ignored the lungs condition of the patient and proceeded for angioplasty although the patient was co-morbid and angioplasty was elective and not compulsory at that time,” the order stated. The NCDRC found that due to this negligence, the patient suffered permanent brain injury, went into a coma, and later emerged with complete paralysis on his left side, along with a loss of speech, hearing, and comprehension abilities, leaving him in a vegetative state.

The hospital argued that the patient and his elder daughter, both doctors, were fully informed of the risks and had insisted on the procedure being conducted immediately. However, the NCDRC ruled in favor of the complainant after examining the case records and submissions.

The compensation amount of ₹65 lakhs was determined by taking into account various factors, including the patient’s monthly income prior to his health crisis, medical expenses, nursing care, loss of consortium, pain and suffering endured by the family, and litigation costs.

Advocates Pravin Bahadur, Mohit K Mudgal, Sachin Dubey, and Saurabh Kumar represented the complainant in the case, while Senior Advocate Joy Basu and advocates Arjun Dewan, Akash Arora, and Anoop George represented the hospital and its doctors.

This ruling serves as a critical reminder of the responsibilities of medical professionals and the importance of informed consent in elective medical procedures.