Court orders Apollo Hospitals to pay Rs 3.5 Lakh fine to consumer

A private hospital in Hyderabad has been ordered by the apex consumer forum to pay over Rs 3.5 lakh as damages to the parents of a 22-year-old youth, who died during treatment.

"Medical Council's regulation mandates maintenance of the medical records for at least three years. It is very difficult to believe that a highly professional, sophisticated and computerised system of admission and treatment adopted by the Apollo Hospitals has misplaced the treatment records of the patient," the forum said and asked the hospital to pay compensation to the youth's parents.

Endorsing the Andhra Pradesh State Consumer Commission's order for compensation, the National Consumer Dispute Redressal Commission ordered the hospital to pay the compensation.

M Ramakrishna, whose left arm was crushed in a paddy harvesting machine in 2003, was rushed to Hyderguda Apollo Hospital, where doctors had operated upon the youth and assured his parents that their son's medical condition was alright.

Two days later they were suddenly informed that Ramakrishna's condition had deteriorated and he was shifted to the main Apollo Hospital at Jubilee Hills in Hyderabad.

The youth died at the main hospital, four days later.

Shocked by their son's sudden death, his parents sought medical details from the hospitals which they refused saying it was "misplaced".

Both the parents moved the district consumer forum which dismissed the plea. They then moved the Andhra Pradesh State Consumer Forum which directed the Apollo Hospital to pay Rs 3.54 lakh as compensation to them for pecuniary loss, mental agony, etc.

Apollo Hospital challenged the order and approached the national consumer forum, but failed to produce the medical records to prove that there was no negligence on its part.

"On the face of the petitioners' own admission that they have misplaced the original records, the onus to prove that there was absolutely no negligence squarely shifted to the petitioners (Apollo Hospitals). And they have failed to do so," the Commission said.