Home / Crime and Justice / Doctor Found Negligent, Hospital Liable in Pacemaker Implant Death
Doctor Found Negligent, Hospital Liable in Pacemaker Implant Death
1 Aug
Summary
- Hospital and doctor found guilty of medical negligence.
- Cheaper pacemaker implanted instead of recommended device.
- Compensation award upheld, higher plea rejected.
The National Consumer Disputes Redressal Commission (NCDRC) has upheld a 2017 Punjab State Consumer Disputes Redressal Commission order that found Dr. Sudheer Saxena guilty of medical negligence. Max Super Specialty Hospital in Mohali was also deemed vicariously liable.
The ruling pertained to the treatment of Rishi Gupta, who was admitted in September 2013 for chest pain. Dr. Saxena advised a biventricular pacemaker, but the patient's wife alleged a less expensive double-chamber pacemaker was implanted. This alleged negligence, alongside an incomplete surgery, was cited as a cause for a subsequent death.
The NCDRC's decision was based on inconsistencies in the hospital's records, including billing discrepancies. They rejected the hospital's claims of a software error and upheld the state commission's compensation of ₹32.94 lakh, finding it just and reasonable.
The commission also declined a request to enhance the compensation and affirmed that the pacemaker manufacturer was not liable due to insufficient evidence of device defects.
