He was a 74-year-old retired doctor. One night, he slipped and hit his head.

By 2 AM, he was admitted to a hospital and his cut was stitched — but no CT scan was done. He stayed under observation. The scan happened 6 hours later, by which time a subdural haematoma was discovered. He was shifted, operated on, ventilated… and died the next day.

The family alleged medical negligence: the CT scan was delayed, the surgery was delayed, consent was not taken properly.

But the court disagreed.

Multiple expert panels — including the State Medical Council, an Ethics Committee, a Health Directorate enquiry, and neurosurgery professors — reviewed the case. All of them concluded: while there were delays, they were not medically negligent.

The patient was elderly, had chronic conditions (COPD, hypertension, diabetes), and was on antiplatelet medication. A rushed intervention, they felt, might have worsened the outcome.

The court accepted this explanation.

Every death is a tragedy. But not every delay is negligence.

Source : Order pronounced by West Bengal State Consumer Disputes Redressal Commission on 1st November, 2022.