Karachi consumer court awards Rs500,000 compensation over catheter error

KARACHI: The Consumer Court East has ordered a private hospital to pay Rs500,000 in compensation to a woman over deficient medical services, while also relieving her of liability for a disputed additional bill of around Rs1.8 million.

The court also ordered the hospital to pay a further Rs200,000 in litigation costs. However, it dismissed the woman's claim for the refund of Rs2.2 million paid for hip replacement surgery, as well as her claim for Rs4.516 million in damages for nursing care, physiotherapy and medicines.

The court rejected the hospital's objection that the complaint had been filed after the statutory limitation period.

According to the court's findings, the hospital's own doctor was unable to explain how a correctly placed catheter had subsequently entered an artery.

The court observed that the catheter being positioned incorrectly constituted evidence of deficient medical service. However, it said a direct medical link between the catheter and the patient's stroke could not be conclusively established.

The court nevertheless held that the patient was entitled to reasonable compensation for the additional surgery and mental distress caused by the hospital's error.

The case concerned 90-year-old Zubaida Bai, who underwent hip replacement surgery at a private hospital on 30 April 2024.

According to the complaint, the patient developed low blood pressure following the surgery and was fitted with a central venous catheter on 1 May. An initial X-ray showed the catheter in the correct position, but her condition deteriorated two to three days later.

The complaint stated that when doctors removed the catheter, they discovered that it had entered an artery instead of a vein. The patient subsequently suffered a stroke and became severely paralysed, according to her family.

A second procedure was performed on 4 May to remove the catheter and repair the artery.

Counsel for the complainant argued that inserting the central venous catheter into an artery amounted to a fundamental medical error. The lawyer said the patient had previously been able to eat, breathe and speak independently but suffered a stroke and seizure following the incident.

The counsel further alleged that hospital staff pressured the family to sign documents relating to ventilation and additional payments. Despite complaints through emails and legal notices, the lawyer said, the hospital failed to take appropriate action for an extended period.

The complainant's lawyer also argued that the hospital's error left the patient dependent on long-term nursing care, oxygen and a feeding machine.

The hospital's counsel, however, argued that the complaint had been filed beyond the prescribed 30-day period under the Sindh Consumer Protection Act.

The hospital also claimed that the complainant had concealed the patient's previous medical condition and had made incorrect allegations against the hospital.

After hearing both sides, the court ordered the hospital to pay Rs500,000 in compensation and Rs200,000 in litigation costs, while dismissing the remaining financial claims.