The East District Consumer Disputes Redressal Forum in Delhi, presided over by N K Goel, directed the government, Guru Teg Bahadur Hospital and its two doctors to pay Rs 5.26 lakh to the family members of Jaipal Singh who died in 2007 due to lack of proper treatment.
"Who was responsible for his (Singh's) ultimate death? For whose negligence did he die? The facts of the case speak loudly that it was the two doctors who did not give proper care and treatment to the deceased. From the facts and circumstances of this particular case there is every reason to believe that there was utter lack of care and diligence on the part of the two doctors in giving proper medical care and treatment to the deceased," the forum said.
Negligence on part of the two doctors and their employers - GTB Hospital and the Delhi government - in providing proper medical treatment led to the death of Singh, said the forum, also comprising its members Asha Kumar and Nishant Ahmad Alvi.
The forum also said the hospital and its two doctors had failed to discharge the burden of proving that there was no lack of care and diligence, and that they had provided the best treatment to the victim by exercising by their prudence and reasonableness.
The forum passed the order on a complaint of Dilshad Garden resident Singh's wife Ramo Devi and their three children against the hospital, the two doctors and the Delhi government.
The woman told the forum that her husband was employed with the Public Works Department and was posted as a gardener at GTB Hospital.
Singh consulted the doctors at GTB Hospital when he observed some problems in his mouth in April 2005, and was diagnosed with oral cavity cancer, the complaint said.
It said that the doctors and the hospital did not give him proper and timely treatment and after much delay, in July 2005, Singh was referred to the LNJP Hospital.
Thereafter, Singh approached the Rajiv Gandhi Cancer Hospital here for treatment. He died on February 21, 2007.
The complaint alleged that the doctors at the three hospitals showed delay and negligence in treating Singh leading to his death.
The family had also made party LNJP Hospital, Rajiv Gandhi Cancer Hospital and their doctors a party in the case.
The forum, however, disallowed the complaint against two hospitals and their doctors, saying that they were not negligent in providing medical treatment to the patient and that they provided the best medical treatment to Singh, which was required of them.