The apex consumer commission has asked the Delhi state fora to re-consider a case of alleged medical negligence against Sir Ganga Ram Hospital, Delhi which resulted in the death of a patient.

The National Consumer Disputes Redressal Commission (NCDRC) was hearing an appeal against the Delhi state consumer commission's order which said the case does not come under its jurisdiction. The appeal was filed by a Maharashtra resident against the hospital and a doctor employed there, claiming that his illegible writing led to a pharmacist issuing the wrong medicine which allegedly resulted in the death of her husband.

"We do not agree with the state commission's observation that 'this is not a consumer dispute.' In our view, this is a case of alleged medical negligence (resulting in death), alleged deficiency in service," said a NCDRC bench comprising presiding member S M Kantikar and member Dinesh Singh.

The plea claimed that the doctor had prescribed a medicine 'Ketosteril' for her husband's kidney ailment but the pharmacist at the hospital wrongly gave a painkiller Ketorpol-DT'. It was alleged in the complaint that her husband suffered several complications, because of wrong medicine, that resulted in his death.

The woman moved the state commission which had held that the case does not come under the consumer fora's jurisdiction and asked her to file the case before the appropriate authority. The apex commission has now directed both the parties to appear before the state commission on November 19.