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Fortis to pay ₹50L for death due to negligence.

CHANDIGARH: Finding Fortis hospital in Mohali guilty of gross medical negligence, the district consumer disputes redressal commission has directed it to pay ₹50 lakh compensation to the family of a patient who died at the hospital in 2021.


The deceased, Harit Sharma, was a practising advocate at the Punjab and Haryana high court. His dying declaration from the hospital bed, a note in which he had written that he overheard doctors discussing that his case was mishandled, served as a crucial piece of evidence.

The consumer commission held that the hospital is liable not only for medical negligence but also for deficiency in services and unfair trade practices. “The ends of justice would meet if a lump sum compensation of ₹50 lakh is awarded to the complainants in lieu of the medical negligence committed by the hospital,” said the commission.

Once we get the court orders, we will conduct a thorough review and, guided by expert legal advice, take appropriate action as deemed necessary.

SPOKESPERSON, Fortis Hospital, Mohali

The complainants included the deceased’s wife Priyanka Sharma and her two minor sons. They stated before the commission that Sharma had been admitted at the Fortis Hospital, Mohali, on the morning of July 28, 2021, as he suffered from acute gastric problem. He was treated by Mohnish Chabra and other attending doctors.

Before admitting him, Fortis conducted a Covid test which was fournd negative. It is further pleaded that as the visiting hours were restricted, the victim’s wife only went to meet him between

12.30pm to 1pm on July 29, 2021.

She was told that her husband had recovered from the gastric problem and due to improvement, the patient desired to be shifted to a private ward from ICU.

However, he was kept in ICU on the pretext that ascites – a medical condition characterised by the excessive accumulation of fluid in the abdominal cavity was to be removed from his stomach. It was further stated that due to negligent tapping, his oxygen levels came down drastically and he had to be put on oxygen support.

The victim’s wife stated that ma was fully conscious Sharma

despite being on oxygen support and he overheard the hospital director saying that the tapping was done wrongly and that it had to be re-done. The victim revealed this to the complainant through a written note – he was unable to speak due to the oxygen mask when she went to meet him the next day. The note read: “Subah director had come. Director said Chabra has done wrong tapping. It will be done again.”

She attached the dying declaration as evidence in her case before the consumer forum.

A spokesperson of the Fortis hospital said they are aware of a consumer case concerning their hospital. “As we are yet to receive the official court order, we are unable to comment on the specifics at this stage. Once the order is in hand, we will conduct a thorough review and, guided by expert legal advice, take appropriate action as deemed necessary.”

For case specific advice, get in touch with best Medical Negligence Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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