Hospital Liable for Patient's Death After 3-Hour Ambulance Delay

West Bengal's State Consumer Disputes Redressal Commission has directed ILS Hospital to pay Rs 15 lakh in compensation to the husband of a patient who died during a transfer. The 43-year-old woman's death occurred after a critical three-hour delay in shifting her to another medical facility. This delay was attributed to the hospital's unavailability of a critical care ambulance.

The commission found a "palpable and glaring" deficiency in service, noting that hospitals have a constitutional and legal duty under Article 21 to arrange timely medical care, including necessary transport. The patient's husband had alleged negligence and delay in transfer led to his wife's demise.

The hospital argued that doctors followed medical protocols. However, the commission highlighted that institutional negligence, such as the failure to provide essential infrastructure like life-saving transport, constitutes a direct deficiency. The evidence confirmed a total absence of critical care ambulance services at the hospital, which is a resource they were duty-bound to provide.

Records indicate the patient experienced severe abdominal pain and vomiting on November 19, 2015. Admitted to ILS Hospital on November 20, 2015, in critical condition, it was later revealed the hospital lacked the necessary ICCU infrastructure. Despite initial assurances, the hospital eventually advised transfer to a higher center like Apollo Hospital due to its limitations.

The decision to transfer was made around 12:30 pm, but the discharge was delayed until approximately 4:40 pm due to the ambulance unavailability. This significant delay during the critical treatment window is believed to have directly contributed to the patient's death en route to Apollo Hospital.