While observing the importance of obtaining informed consent from a patient “cannot be undermined”, the National Consumer Disputes Redressal Commission (NCDRC) has directed Fortis Hospital, Noida, to compensate a family by paying over ₹10 lakh for a woman who died following a surgery.
Noting that the patient was a “mother, a homemaker and her contribution towards the family cannot be measured in monetary terms”, the NCDRC said: “The amount being awarded as compensation is directed to be paid by the hospital as taking informed consent from the patient or attendant is its duty.” The Bench also said: “The fact remains that the patient died subsequent to stenting which further enhances the importance of taking informed consent. Had the patient’s attendants been informed of the risks involved considering the patient’s age, the choice of going ahead with the surgery or not could have been thoughtfully exercised by them.”
During surgery
The directions came when the apex consumer panel was hearing a plea which claimed that no written consent was taken from either the 73-year-old patient or her family. Only during the surgery, the family was informed that “certain complications” had arisen, which also led to the patient being paralysed later.
The NCDRC said: “The consent form filed with an affidavit is blank with respect to columns explaining the risks and hence we conclude that doctors did not disclose the nature and procedure of treatment, benefits and alternatives if any, available and the risks involved. There is negligence on behalf of the hospital.” An additional amount of ₹25,000 was also directed to be paid to the family towards litigation costs.
