Assam: Senior citizen from Guwahati wins medical negligence case after 19 years

After a long 19-year legal struggle, Jyoti Bezbarua Goswami, a senior citizen from Guwahati, has finally prevailed in a historic case of medical negligence against Delhi's Batra Hospital.

She was granted compensation totaling Rs 10 lakhs by the National Consumer Disputes Redressal Commission (NCDRC), along with interest calculated at a rate of 7 per cent from the moment the case was filed.

The case, which was initially brought by patient Dilip Kumar Goswami in the Delhi State Consumer Forum in 2004 against the hospital and cardiologist Dr. Upendra Kaul, attracted considerable attention because of the drawn-out legal proceedings and the hospital's refusal to accept responsibility for its actions.

On the other hand, Batra Hospital continued in making an appeal in a higher court despite the state forum ruling in Goswami's favour in 2018, prolonging the legal dispute for years. 

The patient died in 2015 without getting justice.

However, the NCDRC has now finally held Batra Hospital accountable for its poor service and unjust tactics, which is a big victory for the patient's family. 

In blatant violation of the patient's rights, the hospital has admitted to withholding the ECG trace report and failing to obtain proper informed permission.

The deceased's wife, Jyoti Bezbarua Goswami, persisted in her unwavering struggle despite years of court proceedings and mental anguish.

Finally, she receives satisfaction and restitution for her husband's suffering as a result of the court's ruling and it emphasizes the pressing requirement for prompt and effective justice delivery in cases of medical malpractice.

Meanwhile, the incident also highlights how crucial it is for hospitals to take the necessary precautions to avoid similar accidents in the future, as well as to ensure proper informed consent and open reporting of medical records.