Chandigarh: Observing that a medical practitioner or hospital would be liable only where their conduct fell below the standards of a reasonably competent practitioner in their field, the State Consumer Disputes Redressal Commission, Punjab, exonerated a Ludhiana-based hospital and its doctors from charges of medical negligence while treating a patient admitted with Hypoxemia and COVID-19 infection.Even though earlier, the District Consumer Court had directed them to pay Rs 5 lakh compensation to the patient’s family, the State Consumer Court set aside the order and held, “…we are of the opinion that a medical practitioner or hospital would be liable only where their conduct fell below the standards of a reasonably competent practitioner in their field. As such, we are of the considered opinion that no negligence can be attributed to the said doctors as well as the hospital as the doctors have performed their duties with reasonable skill and knowledge. Accordingly, we find force in the contentions raised by the appellants/OPs No.1 to 3 and the impugned order of the District Commission is liable to be set aside.”The history of the case goes back to 2021, when the complainant’s wife was admitted to Guru Nanak Mission Hospital, where her treatment was carried on for 4-5 days, and she was referred to Dayanand Medical College & Hospital for better treatment. At the time of admission, she was fully conscious, and during her indoor treatment at the hospital, she recovered fast, and on 26.02.2021 she was shifted from the emergency ward to the General Ward by two doctors from the Medicine Department of the Hospital. However, the next day, the patient felt severe pain in the abdomen. Allegedly, despite being informed about this, no one attended to her for about 12 hours. Thereafter, when the complainant and his relatives raised their concern in writing, after about 7 pm, a CT scan was conducted, and following this, the treating doctors informed the complainant that she had to undergo an operation, for which he gave his consent.It was submitted that after a lapse of 6 hours since conducting the CT scan, the patient was taken to the operating theatre. Allegedly, after the surgery, the patient’s condition worsened, a blood unit had to be transfused, BP crashed, and she expired on 28.02.2021.Filing the consumer complaint, the complainant claimed that the hospital refused to refund the excess amount collected from him, and the patient did not receive proper medical attention for hours. Alleging deficiency in service as well as medical negligence on the part of the hospital and treating doctors, the complainant sought Rs 10 lakh compensation for negligent, deficient, poor and substandard services, Rs 7 lakh for physical harassment, and Rs 3 lakh as the cost of litigation.On the other hand, the hospital and the treating doctors submitted that the patient was admitted as a known case of Chronic Obstructive Airway disease with Obesity and she was referred from the first hospital as a case of fever and shortness of breath since 14.02.2021 with possibility of tuberculosis and covid-19. They claimed that at the time of admission, the patient had Hypoxemia. She was put on oxygen support immediately, as such, her oxygen saturation was improved and it came to 92%. In view of covid-19 pandemic, possibility of bilateral pneumonia was there and Rapid Antigen Test was conducted, which was found positive. Her RT-PCR Test was also conducted and the same was also found positive. She was immediately shifted to Isolated Covid Intensive Care Unit (Level-III) and managed according to the standard protocol of medical norms and guidelines of the government.Further referring to the treatment record, they claimed that on 27.02.2021, the patient suddenly started complaining of pain in abdomen and as per pain assessment chart, she was immediately evaluated, and according to the symptoms, tests were conducted and based on the reports, she was managed conservatively with antispasmodics, analgesics and other supportive measures. The second possibility of Mesenteric Ischemia was kept for which her CT Scan abdomen was ordered immediately and the report suggested a Hematoma in abdomen with active leak from left inferior epigastric artery for which an urgent interventional radiology consultation and obstetrics and gynecology consultation was taken. Interventional Radiologist advised Angioembolization.However, before taking up the patient for Angioembolization, suddenly her blood pressure became un-recordable at 10 PM and accordingly she was resuscitated with IV fluids. Finally, she was shifted inside the Operation Theatre for Angioembolization and under all aseptic precautions, ultrasound-guided puncture of the Right Common Femoral Artery (CFA) was done. On 28.02.2021, the patient suddenly had bradycardia and accordingly, the attendants of the patient were informed telephonically about the bradycardia. Allegedly, they refused for the CPR and after…

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