Medical Professionals Not Liable For Reasonable Errors, But Pacemaker Should Have Shown To Patient : NCDRC

In a case titled Paras Hospital vs. Rishi Kumar Jain (Case Number R.P. No. 2379/2023), the National Consumer Disputes Redressal Commission, chaired by AVM J. Rajendra, addressed medical negligence allegations. The complaint arose after a patient's death following treatment at Paras Hospital, involving the controversial implantation of a CRT-D pacemaker. The Commission emphasized that medical professionals are not liable for errors in judgment if the treatment chosen was reasonable, citing legal precedents such as Jacob Mathew v. State of Punjab and Dr. Laxman Balkrishan Joshi Vs. Dr. Trimbak Bapu Godbole. \r

Despite findings of deficiency in service due to procedural lapses like not showing the pacemaker to the complainant before implantation, no conclusive evidence linked the pacemaker to the patient's demise. The Commission modified the District Forum's decision, ordering the hospital to pay Rs. 2,00,000 as compensation for service deficiency. This ruling underscores the stringent requirements for proving medical negligence in consumer disputes.