State Consumer Disputes Redressal Commission
Mrs. Shakeela Banu vs Scudder Memorial Hospital on 27 March, 2014
BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Hon'ble Justice Thiru R. Regupathi PRESIDENT Thiru J. Jayaram, JUDICIAL MEMBER
C.C. No. 82 / 2003 Dated this the 27th day of MARCH, 2014 Mrs. Shakeela Banu, ] No.13, Old No.4, Sowcar Street, ] Melvisharam (TP), ] Wallajah (Tk), ] Complainant Vellore (Dt.) ] Vs Scudder Memorial Hospital, ] Represented by its Chairman: ] Dr. Y. Williams, ] Ranipet 632 401, ] Vellore District, ] Opposite Party Tamil Nadu ] This original petition coming before us for final hearing on 20.02.2014, and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following Order:
Counsel for Complainant: Mr. Abdul Rahim Counsel for Opposite Party: Mr. A.R. Nixon J. JAYARAM, JUDICIAL MEMBER The case of the complainant is as follows:
The complainants husband Mohammed Sanaullah, had a fall at about 12.00 hrs in the noon of 29-5-2001 while walking, as a result of which, he became unconscious and on regaining consciousness, after about 5 minutes, he was unable to move his limbs, and he was immediately rushed to the opposite party hospital for treatment. Though he was admitted in the emergency ward of the opposite party hospital at about 12.30 hrs on the same day, the Duty Doctor attended on him only at 23.20 hrs. After a cursory examination of the patient, without attempting to give any treatment by administering any medicine, the Duty Doctor advised the complainant to take him to Christian Medical College Hospital at Vellore. The complainant took her husband to CMC, Vellore early in the morning on 30-5-2001, and on admission, he was examined by the doctors, who informed the complainant that the diagnosis was Traumatic Spinal Cord injury, and also told her that in such cases, medication by injection ought to have been administered immediately at least within 24 hrs of the occurrence, and the patient was given proper treatment at CMC, Vellore, and he was discharged from CMC, Vellore on 6-6-2001, and advised him to be taken back to the opposite party hospital at Ranipet to make his condition stabilized by giving physiotherapy; and accordingly he was taken back to the opposite party hospital, Ranipet, where he was again admitted as inpatient and he was given physiotherapy for 38 days. For want of proper medical attention and keeping him on the hard mattress instead of providing a water bed as medically prescribed, the patient developed multiple bed-sore due to the negligence on the part of the opposite party hospital. The patients body temperature went high, which could not be controlled by the opposite party, and the opposite party advised them to go to some other hospital having better facilities; and accordingly the complainant took her husband to Vijaya Health Centre / hospital on 13-07-2001, where he was given treatment for 119 days, but his general condition did not improve, and she was advised by the doctors to discharge her husband to and take him home. The Physiotherapist who attended on him at Vijaya Hospital informed the complainant that no further treatment was possible and the patient died on 9-11-2001. The complainant came to know from eminent doctors that only because he was not given necessary immediate medical treatment on his being taken to the opposite party hospital and due to the extraordinary delay in giving him necessary medical treatment, his life could not be saved. The complainant is aged 31 years, having 4 children and she lost her husband due to the negligence and deficiency in service on the part of the opposite party. She incurred medical expenses to the tune of Rs.2,48,028/-. Hence, the complaint praying for direction to the opposite party to pay a sum of Rs.2,48,028/- being the medical expenses incurred by the complainant, and a further sum of Rs.20 Lac as compensation for mental agony, stress and strain caused due to the deficiency in service on the part of the opposite party, and to pay costs of Rs.10 Lac.
2. The opposite party filed version contending as follows:
The complainants husband was brought to the opposite party hospital, on 29-5-2001, at about 1.30 pm and he was examined by the hospital Duty doctor who examined him and noted the injuries and the patient was given treatment by her. The Duty Doctor found a laceration of 4 x 4 cm below the left eye which had been sutured outside the hospital, and there was another wound of 4 x 4 cm behind the left side of the nose. Immediately, the Duty Doctor stated intravenous line and 2 bottles of Ringer Lactate and Efcorlin 200 mg were administered, and he was examined by the Orthopedic Surgeon and Consultant Physician and he gave the impression of the fall with the laceration on the face, knees, Mylopathy with asymmetric paraparesis, Vertebral fracture, Hematomyelia and the patient was admitted in the surgical ward at 4.30 pm, and the Orthopedic Surgeon gave the necessary treatment and the doctors advised the complainant to take her husband to higher medical centers for further management. The complainant requested the doctors of the opposite party hospital to continue the treatment till she arranges money. Under these circumstances, the doctors of the opposite party hospital obliged her. On 30-5-2001 at about 2 pm, the patient was discharged from the opposite party hospital to follow further treatment in the higher medical center, but, however, they came to know that the patient was taken to CMC, Vellore only on 31-5-2001, and there is no negligence or deficiency in service on their part.
3. The complainant filed proof affidavit along with 14 documents, marked as Ex.A1 to A14 on the side of the complainant. Proof affidavit of the Medical Superintendent of the opposite party hospital by name Dr. Chitra was filed along with 10 documents, marked as Ex.B1 to B10 on opposite partys side.
4. The points for consideration are:
1. Whether there is negligence or deficiency in service on the part of the opposite party in treating the complainants husband;
2. Whether the complainant is entitled to compensation from the opposite party; and
3.
To what relief the complainant is entitled.
Points 1 & 2:
5. The complainant would contend that her husband fell down at about 12 Noon while walking on 29-5-2001, and he was admitted in the opposite party hospital at about 12.30 hrs on the same day, and the Duty Doctor attended on the patient only at 23.20 hrs and without attempting to give proper treatment, the Duty Doctor advised the complainant to take her husband to CMC, Vellore and accordingly he was taken to CMC, Vellore early in the morning on 30-5-2001; and after examination his condition was diagnosed as Traumatic Spinal Cord injury, and he was discharged from CMC, Vellore on 6-6-2001, and as advised by CMC, Vellore, he was taken back to the opposite party hospital for stabilizing his condition by giving him physiotherapy treatment for 38 days, and due to the negligence on the part of the opposite party in keeping him on hard mattress instead of providing a water bed, her husband developed multiple bed sore and he was discharged from the opposite party hospital on 12-7-2001, and he was taken to Vijaya Health Center / hospital, Chennai on 13-7-2001 where he was given treatment for 119 days; and subsequently he died and from eminent doctors, she came to know that the opposite party hospital did not give proper immediate treatment to her husband and consequently her husband died.
6. Per contra, the opposite party would contend that the patient was brought to the opposite party hospital at about 1.30 pm on 29-5-2001 and proper treatment was given by the Physician (General Medicine) and the Orthopedic Surgeon, and on 30-5-2001, at about 2 pm, the patient was discharged from the opposite party hospital to follow the treatment in higher medical center and the allegation in the complaint that the patient was brought to the opposite party hospital at about 12.30 hrs on 29-5-2001; and that the patient was seen by the doctor only at 23.20 hrs; and that the patient was discharged on 30-5-2001 without any treatment are false.
7. There is no evidence on record adduced by the complainant to substantiate that the patient was taken to the opposite party hospital at about 12.30 hrs on 29-5-2001; and that the patient was seen by the doctor only at about 23.20 hrs on that day; and that no treatment was given to the patient.
8. It is pertinent to note that no materials are placed before us to establish that there is negligence and deficiency in service on the part of the opposite party, in that the patient was admitted in their hospital at about 12.30 hrs, whereas the patient was examined by the doctor only at 23.20 hrs; and that proper immediate treatment was not given; and that when he was admitted for the 2nd time in the same opposite party hospital for physiotherapy treatment, he was not provided with water bed resulting in on set of bed sore.
9. According to the opposite party, though the patient was discharged from their hospital on 30-5-2001 at about 2.30 pm, he was retained in the hospital and proper treatment was given till that time, since the complainant wanted time to arrange money for going to CMC, Vellore; and further even after discharge on 30-5-2001 the patient has gone to CMC, Vellore only on 31-5-2001.
10. It is further relevant to note that there is no medical experts opinion or evidence to establish the alleged negligence and deficiency in service on the part of the opposite party. In the absence of cogent and acceptable evidence, we are not in a position to hold that there is negligence or deficiency in service on the part of the opposite party.
11. For the aforesaid reasons, we hold that the complainant has not made out any case against the opposite party that there is no negligence or deficiency in service on the part of the opposite party, and that the complainant is not entitled to compensation from the opposite party, and the point is answered accordingly.
12. In view of our finding on point No.1, that there is no negligence or deficiency in service on the part of the opposite party, we hold that the complainant is not entitled to any relief in the complaint, and the point is answered accordingly.
13. In the result, the complaint is dismissed. No order as to costs.
(J. JAYARAM) (R. REGUPATHI) JUDICIAL MEMBER PRESIDENT LIST OF DOCUMENTS FILED BY THE COMPLAINANT:
SL.NO DATE DESCRIPTION Ex. A1 29.05.2001 to 30.05.2002 Copy of Bunch of bills issued by the opposite party Ex.A2 05.06.2001 Copy of Discharge Summary of CMC Hospital, Vellore Ex.A3 31.05.2001 to 06.06.2001 Copy of Consolidated bill issued by CMC, Hospital, Vellore Ex.A4 06.06.2001 to 12.07.2001 Copy of Bunch of Bills issued by the opposite party Ex.A5 12.07.2001 Copy of Discharge summary of the opposite party Ex.A6 13.07.2001 to 22.09.2001 Copy of Bunch of bills issued by the opposite party Ex.A7 16.07.2001 to 02.11.2001 Copy of Bunch of bills issued by Vijaya Health Centre and Medicine Bills Ex.A8 02.11.2001 to 05.11.2001 Copy of Bunch of Bills issued by Vijaya Health Centre Ex.A9 13.07.2001 to 17.10.2001 Copy of Consolidated Bill issued by Vijaya Health Centre Ex.A10 17.10.2001 Copy of Discharge Summary of Vijaya Health Centre Ex.A11 13.07.2001, 07.11.2001 & 11.11.2001 Copy of Receipts for Transport (Ambulance) charges from place to place Ex.A12 07.12.2001 Copy of Death Certificate of K.Md.Sannullah Ex.A13 05.02.2003 Copy of Legal Heir Certificate Ex.A14 09.09.2003 Copy of Notice issued on behalf of the complainant to the opposite party along with acknowledgement care LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :
SL.NO DATE DESCRIPTION Ex. B1 29.05.2001 Copy of Admission and Treatment Chart Ex.B2 30.05.2001 Copy of Discharge Slip Ex.B3 06.06.2001 To 13.06.2001 Copy of Treatment Chart Ex.B4 13.07.2001 Copy of Discharge Slip Ex.B5 Copy of Temperature Report Chart Ex.B6 Copy of Blood pressure Chart Ex.B7 Copy of Intake and output chart Ex.B8 Copy of X-ray Report Ex.B9 Copy of Laboratory Reports Ex.B10 Copy of Microbiology Report (J. JAYARAM) (R. REGUPATHI) JUDICIAL MEMBER PRESIDENT