M/s Gujarmal Modi Hospital & Research Centre Case

Case Facts

• The hospital was found to have inadequate manpower, poor coordination, and improper record-keeping of specimens and operative findings.
• The surgeon neglected treatment protocols, specifically failing to follow up on the histopathological examination (HPE) report despite it being crucial for the patient’s cancer therapy.
• The hospital claimed a laparoscopic surgery was done, but only a CBD exploration was performed, highlighting procedural misrepresentation.
• The patient developed metastasis, ultimately losing the opportunity for early therapy.
• Due to these lapses, the hospital’s actions were deemed “negligence per se” by the Disciplinary Medical Committee (DMC).

Issues

• Whether the hospital and surgeon failed in their duty of care by neglecting required medical processes and accurate record maintenance.
• Whether the patient’s right to informed and proper medical treatment was breached.
• If the breach directly caused harm to the patient such as metastasis due to missed early cancer treatment.
• Whether procedural misrepresentation in discharge summaries constituted further violation.

Judgment & Analysis

• The NCDRC held the hospital and treating doctor jointly liable for medical negligence.
• Compensation of Rs. 25,00,000 was awarded to the patient’s legal heirs with interest.
• The decision emphasized the hospital’s systemic failures, inadequate patient management, and the surgeon’s disregard for medical norms.
• The hospital was held vicariously liable for the surgeon’s actions.
• The DMC also penalized the surgeon by removing his name from the medical register for 12 weeks due to professional misconduct.

Outcome Summary