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KIMS Hyderabad directed to pay ₹5 lakh compensation for Covid billing violations; negligence charge dismissed

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Kims Consumer Compensation

HYDERABAD: The District Consumer Disputes Redressal Commission–I, Hyderabad, has directed Krishna Institute of Medical Sciences Ltd (KIMS) to pay ₹5,00,000 compensation to a complainant for overcharging during Covid-19 treatment, while dismissing allegations of medical negligence against the hospital and the treating doctor.

The order, partly allowed a complaint filed by G. Sailaga, a doctor, over the death of her father during treatment at KIMS in September–October 2021.

Excess billing violates Covid treatment guidelines

The commission held that the hospital failed to adhere to the Telangana government’s G.O. Rt. No. 401 dated June 22, 2021, which capped charges for Covid-19 treatment in private hospitals.

It noted that despite the patient being treated for Covid-19, the hospital levied charges beyond the prescribed limits, including higher ICU tariffs. This amounted to “deficiency in service and unfair trade practice” by the hospital.

The commission awarded ₹5,00,000 as compensation and ₹25,000 as costs, directing payment within 45 days. In case of delay, the amount will attract 9% annual interest from the date of billing.

Negligence claims not established

However, the panel rejected allegations of medical negligence against the hospital and the treating doctor, Dr P. Gautam.

It observed that the complainant failed to produce evidence showing breach of standard medical protocols. Records indicated that treatment followed prevailing Covid-19 guidelines, including use of Remdesivir, steroids, anticoagulants and ventilatory support.

The commission also found that consent forms for procedures such as intubation, central line insertion and arterial line placement were duly obtained from family members.

“There is no material to show that the doctor failed to exercise due care or skill,” the commission noted, adding that deterioration in a critical Covid patient does not by itself establish negligence.

Dispute over diagnosis, treatment communication

The complainant had alleged that her father was wrongly treated as Covid-positive despite a prior negative report, subjected to repeated RT-PCR tests, and kept in the dark about treatment.

She also claimed that consent was not taken for key procedures and that unnecessary treatments and inflated billing were imposed.

The hospital countered that the patient tested positive on admission through Rapid Antigen Test and RT-PCR, showed severe Covid indicators (CORADS-6), and required ICU care.

It maintained that treatment followed established protocols, relatives were regularly informed, and consent was obtained.

Commission’s findings on medical care

The commission accepted the hospital’s explanation, noting that:

  • Covid tests conducted were in line with ICMR guidelines

  • The patient had comorbidities including diabetes, hypertension and hypothyroidism

  • Clinical records showed continuous monitoring and standard treatment

  • Complications like pneumothorax are known risks in severe Covid cases

It concluded that the complainant’s allegations were largely unsubstantiated and based on assumptions.

Final order

The commission ordered:

  • ₹5,00,000 compensation for billing violations

  • ₹25,000 towards costs

  • Dismissal of complaint against the treating doctor

The complaint was thus partly allowed, limited to the issue of overcharging.

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