The Fortis Hospital Negligence Case: A Landmark Judgment on Ethical Duties and Informed Consent in Healthcare

The Fortis Hospital Negligence Case: A Landmark Judgment on Ethical Duties and Informed Consent in Healthcare

Recently, the National Consumer Disputes Redressal Commission (NCDRC) have ordered Fortis Hospital of Bengaluru and one of its doctors to pay ₹ 65 lakh for medical negligence and raise questions over medical practitioners’ ethical and professional duties of care. The case focuses on an “unwanted” surgery that was conducted on a patient hence causing profound harm and impairment and the patient’s death. The case started with a patient being admitted in a Fortis Hospital in Bengaluru for treatment of a health complication that was initially not life-threatening. This was after the attending doctor told the family to have the patient operated on insisting that it was the only solution for the A patient’s ailment. However, after the surgery, the patient is faced with some problems which are not only unimaginable but horrifying as they are deadly. The patient later on developed these complications which the family claimed that the surgery was unwarranted and therefore the hospital and the doctor, were negligent in offering their services. The family of the patient lodged a complaint to the NCDRC on grounds of negligence against the hospital and the doctor. They claimed that evaluation was not conducted appropriately before the surgery was performed and that there were other ways to treat the patient. The family additionally claimed that the doctor had never discussed all the possible complications bound to occur after the surgery and more importantly they had not been offered adequate options. The NCDRC after having studied the matter and the arguments put forward by the family Side agree with it. They described the surgery as avoidable and, which was conducted without informed consent from either the patient or their family. The NCDRC pointed that both the doctor and the hospital did not follow the conduct that would be expected at this juncture and that the patient died. The commission pointed out that the surgery was not required, and the condition of the patient should have been managed with less radical procedures. The judgment made some observations where the court stated that the patient and their family were not properly informed about the risks and the other available options that could be taken instead of having the surgery also the NCDRC noted that the hospital complained that the patient was not getting proper medication and poor post operative care which have led to worsening of the patient’s condition.

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