The National Consumer Disputes Redressal Commission (NCDRC) made the observation while upholding the state commission's order granting the relief to Chandigarh resident Jaswinder Kumar (now deceased), who was operated twice by the accused hospital Postgraduate Institute of Medical Education and Research (PGI) but did not get cured.
"An institution like the PGI is a prestigious institute, known for its reputation in the field of medical care, and it was expected from them that they could have been more vigilant in ensuring that proper diagnosis was made on the patient," the NCDRC said.
The NCDRC also asked the PGI to carry out an internal probe in the case to fix the liability on individual doctors who were found negligent in the discharge of their duties.
The PGI had filed an appeal against the state commission order upholding a district forum's direction to the hospital and its Director to pay the compensation along with Rs 30,000 as cost of litigation.
It said that PGI conducted two operations on his right foot on June 27, 2011 and October 5, 2011, but even after that the pain and the swelling continued.
He then consulted another hospital on November 5, 2011, which discovered a highly malignant tumour and amputated his knee, as the tumour had already spread due to the delayed diagnosis on PGI's part.
The counsel for PGI argued it had acted as per the standard protocol governing the medical condition of the patient and failure to diagnose does not constitute medical negligence on any account.
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