Assam: Jyoti Bezbarua Goswami, a senior citizen from Guwahati, has finally won a historic case of medical negligence against Delhi’s Batra Hospital after a 19-year legal battle.
The National Consumer Disputes Redressal Commission (NCDRC) awarded her Rs 10 lakh in compensation, plus interest calculated at a rate of 7% from the date the case was filed.
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The case, which was first filed in 2004 by patient Dilip Kumar Goswami in the Delhi State Consumer Forum against the hospital and cardiologist Dr. Upendra Kaul, drew a lot of attention because of the lengthy legal proceedings and the hospital’s refusal to accept responsibility for its actions.
Despite a state forum ruling in Goswami’s favour in 2018, Batra Hospital continued to file an appeal in a higher court, prolonging the legal dispute for years.
Medical Malpractice by Delhi’s Batra Hospital comes under justice.#malpractice #medicalnews #justice #seniorcitizens #seniorcare # pic.twitter.com/nn7RpRk7Vz
— Dais World ® (@world_dais) February 21, 2023
In 2015, the patient died without receiving justice.
The NCDRC, on the other hand, has finally held Batra Hospital accountable for its poor service and unfair tactics, which is a significant victory for the patient’s family.
The hospital has admitted to withholding the ECG trace report and failing to obtain proper informed permission in flagrant violation of the patient’s rights.
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Jyoti Bezbarua Goswami, the deceased’s wife, persisted in her unwavering struggle despite years of court proceedings and mental anguish.
Finally, as a result of the court’s ruling, she receives satisfaction and restitution for her husband’s suffering, emphasising the critical need for prompt and effective justice delivery in cases of medical malpractice.
It was not revealed whether or not open-heart surgery would be performed. The commission concluded that a single standard consent form was used mechanically for all procedures without disclosing the various types of risks involved. It charged the hospital with failing to keep the patient and his family informed. The state commission determined that the suppression of ECG strips and the conduct of procedures without valid informed consent constituted a deficiency in service and an unfair trade practise. It ordered the hospital to pay Rs 10 lakh in compensation, plus 7% interest. The doctors, on the other hand, were not held accountable.
