Health-Related Complaints Rise at Consumer Court

Health-related complaints have emerged as the largest category of cases filed at the Consumer Court since its establishment nine months ago, reflecting growing public scrutiny of medical services.

A total of 31 complaints have been registered at the court so far, involving issues such as negligence in health services, jewellery purchases, electric vehicle purchases and lapses by service providers in air travel. Of these, verdicts have been delivered in 14 cases, while 17 remain sub judice, according to court officials.

Court Registrar Shobhakar Kharel said 12 of the total complaints relate to negligence in health services, making it the single largest category. Of these, verdicts have been issued in three cases, one has been resolved through mediation, and eight are still under consideration.

Complaints have been filed against several hospitals, including Om Hospital, Grande City Hospital, Kanti Children’s Hospital, Everest Hospital, Nepal Medical College, Manmohan Memorial Hospital and Nepal Korea Friendship Hospital, alleging negligence during the provision of medical services.

Kharel said complaints related to health services have been increasing since the court was established on March 15. “In recent cases, complaints have been filed after patients died due to alleged negligence by hospital administrations and doctors or nurses during treatment,” he said, adding that, from the court’s perspective, negligence by hospitals has been found in most cases.

Doctors, however, have maintained that cases involving medical professionals should not be adjudicated by the Consumer Court. In June, doctors across the country shut down all non-emergency services after launching protests at the call of the Nepal Medical Association (NMA), arguing that the court’s rulings encroached on the jurisdiction of the Nepal Medical Council.

The association had claimed that Consumer Court verdicts ordering hospitals and doctors to pay compensation would demoralise medical professionals and create an unsafe working environment.

Court Registrar Kharel countered that, in the past, complaints of medical negligence were filed with the Nepal Medical Council, which, he alleged, often limited its action to seeking clarifications rather than penalising negligent doctors or nurses. “After the establishment of the Consumer Court, such complaints have increasingly been brought here,” he said.

He added that the Consumer Protection Act, 2018, guarantees compensation to consumers harmed while using goods or services. Although medical services were not explicitly covered earlier, the act’s broader definition of “goods and services” has now brought healthcare providers within the court’s jurisdiction.

Verdicts in Health-Related Cases

Case 1

Verdict Date: June 12

Advocate Basanta Gautam filed a case against Om Hospital after his 98-year-old father, Hariprasad Gautam of Budhanilkantha Municipality-9, died during treatment. The claimant had sought Rs 50 million in compensation.

The court ordered Rs 56.81 million in compensation—Rs 50.7 million from the hospital and Rs 3.055 million each from two doctors—in the case filed against Om Hospital and Research Centre Pvt Ltd and two of its doctors.

Case 2

Verdict Date: June 19

Barsha Bhandari of Dharan, currently residing in Dhumbarahi, Kathmandu, filed a case against Grande City Hospital and plastic surgeon Sanjiv Tripathi. She had sought Rs 31.7 million, alleging negligence during cosmetic surgery that required her to undergo multiple procedures.

The court ordered Rs 57.19 million in compensation, with 70 percent (Rs 40.03 million) to be paid by the doctor and 30 percent (Rs 17.15 million) by the hospital.

Case 3

Verdict Date: June 26

The case involved the death of a 28-month-old child, with the mother, Ganga Gautam, alleging medical negligence at Himal Hospital. The case was initially filed at the Kathmandu District Court, which referred it to the Consumer Court citing jurisdiction.

The court ordered payment of Rs 145.44 million in compensation, with 70 percent to be borne by the hospital and 30 percent by other defendants.

Case Resolved Through Mediation

On May 14, Jayaprasad Raya Yadav filed a complaint against Norvic International Hospital, alleging negligence in the treatment of his mother, who later died after suffering complications and paralysis. Following the complaint, the hospital reached a mediated settlement with Yadav, including compensation, leading to the case’s resolution.