Mumbai : Hospital, doctor asked to pay Rs 1 lakh for failing to get 'informed consent'

MUMBAI: The state consumer commission this week held that lack of informed consent and proper documentation in the form of advice at the time of discharge of a patient amounts to deficiency in service. The commission ordered Bombay Hospital and surgeon Dr Rajeev Nerurkar to pay compensation of Rs 1.1 lakh to Kurla-based Siddiqui Ahmed who complained of loss of hearing in the right ear post an operation in 2010 to correct reduced hearing.

The commission, however, refuted the claim that the surgery was performed hurriedly without taking into account the reports. It said there was deficiency to the extent of obtaining proper and informed consent.

The commission said apart from a signature on the consent form, there were no records of counselling, imparting information such as name and details of the surgery, expected complications, names of the surgeon and anaesthesiologist.

It set aside a 2015 district forum order which had dismissed Ahmed's complaint. "We find the forum has not considered the lack of informed consent and proper documentation in the form of advice at the time of discharge. We, therefore, set aside the order of the forum and hold the opposite parties (hospital and doctor) responsible for deficiency in service," the commission said.

In his appeal before the Maharashtra State Consumer Disputes Redressal Commission, Ahmed said after finding loss of hearing on the right side post-surgery, he had submitted his complaint before the district forum in 2012.