Consumer court orders Rs 500K compensation for unnecessary Covid treatment

The Malappuram District Consumer Disputes Redressal Commission has ordered a private hospital and a doctor in Kochi to pay Rs 5 lakh as compensation for providing unnecessary Covid-19 treatment to a patient who had tested negative.

The ruling came in a complaint filed by Soji Reni, a resident of Kakkadampoyil, in Malappuram.

According to the complaint, Soji Reni and her husband sought treatment at the hospital on 26 May 2021 for certain health issues.

However, the hospital allegedly concealed the fact that she had tested negative for Covid-19 and proceeded with Covid related treatment, causing undue physical and mental distress.

According to the complaint, an antigen test was conducted, but the result was indeterminate and later an RT-PCR test was performed to confirm the diagnosis.

Despite the test showing negative, the hospital failed to inform the patient and instead proceeded with Covid-19 related treatment, it added.

Soji Reni, admitted to the intensive care unit, was unable to contact her husband or her physically disabled son.

Her request to be moved to a single room away from suspected Covid-19 patients was also denied, the complaint said.

It was only on the third day, during a brief meeting with her husband, that she discovered her COVID-19 test result was negative.

Distressed by the situation, she requested discharge against the hospital's advice and subsequently sought treatment at another private hospital.

At the second hospital, tests identified a kidney-related illness.

The complainant alleged that the first hospital had misdiagnosed her symptoms as Covid-19 related and administered medications intended for severe Covid cases, which were inappropriate for her underlying kidney condition.

She claimed this led to severe mental and physical trauma.

The doctor and the hospital informed the commission that the complainant exhibited Covid-19 symptoms and that the medicines were administered in accordance with Covid protocols.

They stated that if the test result was inconclusive, an RT-PCR test was recommended to be repeated after a specified interval.

They claimed the disease information was not concealed and that her husband had been informed.

The hospital and doctor argued that the complainant chose to be discharged voluntarily, against medical advice, and attributed the worsening of her condition to the delay in further treatment.

They maintained that there was no negligence on their part and that the medications were prescribed solely for the patient's benefit.

However, the Commission found several lapses in their approach.

The commission observed that no tests confirmed a Covid-19 infection, making the administration of medicines meant for severe Covid cases unwarranted.

It observed that the doctor's actions breached medical ethics and state protocols, as well as the guidelines established by the Medical Council of India.

Furthermore, the commission highlighted that the patient's right to be informed about her diagnosis and treatment was denied, and the hospital failed to establish her trust before administering the medication.

An expert investigation conducted at the direction of the Human Rights Commission supported the complainant's claims, concluding that prescribing such medicines to a patient with a negative Covid-19 result caused unnecessary physical and mental trauma.

In its ruling, the commission, headed by K Mohandas and comprising members Preethi Sivaraman and C V Mohammed Ismail, ordered the hospital and doctor to pay Rs 5 lakh in compensation to the complainant and Rs 25,000 as cost of proceedings.