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State Consumer Disputes Redressal Commission

Rajiv Fakira Hariyal And Others vs Nobel Medical Foundation on 27 September, 2011

                                   1                    F.A.500/2008

                                            Date of filing : 30/04/2008
                                            Date of order :27/09/2011

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.

FIRST APPEAL NO. : 500/2008
IN CONSUMER COMPLAINT NO.: C.C.507/2007
DISTRICT CONSUMER FORUM: AHMEDNAGAR.

1.   Rajiv Fakira Hariyal
2.   Kum. Prashansa Rajiv Hariya
3.   Mas.Prajwal Rajiv Hariyal
4.   Shravan Fakira Hariyal
     R/o.6992, Juna Dane Dabara,
     Ahmednagar, Maharashtra.                           ... Appellant

     VERSUS

Nobel Medical Foundation
Nobel Hospital & Research Centre
Savedi Road, Premdan Chowk,
Ahmednagar.                                             ... Respondent

Coram :    Shri.D.N.Admane, Hon'ble Presiding Judicial Member

Mrs. Uma S.Bora, Hon`ble Member.

Shri. K. B. Gawali, Hon'ble Member.

Presnet: Adv.Shri.S.B.Mundada appeared for appellant.

O R A L O R D E R Per Mrs.Uma S.Bora, Hon`ble Member.

1. Rajiv Fakira Hariyal and other appellants herein original complainant preferred this appeal against the order of dismissal of complaint passed by Dist. Forum, Ahmednagar on 15/03/2008. Complainnt filed with the grievance of medical negligence against Nobel Medical Foundation Nobel Hospital and Research Centre Ahmednagar.

2. Facts of the complaint are as under.

Deceased Nirmala Hariyal was wife of complainant Rajiv Hariyal she was admitted in the opponent Hospital on 12/09/2007 with the complaint swelling on her hands and legs and cough.

Opponent directed complainant to admit Nirmala as she was in serious condition accordingly after deposited of certain fees complainant admitted Nirmala in the opponent hospital thereafter I.C.U. blood test, 2 D Eco were done by applying oxygen deceased was admitted in the hospital. In the night there was not a single doctor but only trainee nurse attend the patient. It was alleged by the complainant that said trainee nurse gave wrong injection to Nirmala which was not proper therefore health of Nirmala detracted and due to which on 13/09/2007 at 11.30 a.m. Nirmala died. It is alleged by complainant that doctors of the opponent hospital are liable for deficiency in service and medical negligence therefore complainant approached to Forum by demanding compensation of Rs 3,00,000/- and Rs 5,00,000/- as complainant No. 2 and 3 have deprived for the love of their mother and mental agony for Rs 1,00,000/- and Rs 20,000/- towards cost.

3. Appellant appeared before the Forum and denied the claim. It is submitted by opponent on 12/09/2007 at 6.30 p.m. Nirmala was admitted in the hospital. It is further submitted that Nirmala was suffering from diabetics she was known case of diabetes mellitus with chronic renal failure she was suffering from asthma also after the admission in the hospital it was found that there was increase in blood sugar also increase in BUL Criterion and potassium haemoglobin was decrease and left wall of heard was also not working properly therefore oxygen was applied she was feedings well in night on 13/09/2007 she suffered from sever hard attack and in respect of all the efforts Nirmala died. It is further submitted by appellant that the contention of complainant that trainee nurse given wrong injection is not produce by any evidence in fact in the night ship 4 to 5 house men doctor were in the hospital therefore allegation about medical negligence and deficiency in service are not tobe relied.

4. After hearing both the parties Dist. Forum allowed the complaint.

5. Dissatisfied with the said judgment and order complainant came in appeal.

6. Adv.S.B.Mundada appeared for appellant. None for respondent. We heard Adv. Mundada at admission stage. It is submitted by Adv. Mundada after admission of deceased Nirmala in the hospital trainee nurse gave wrong injection to Nirmala sthere was not a single doctor in the hospital in the night shift therefore there is a deficiency in service and medical negligence. It is further submitted by Adv.Mundada that Dist. Forum did not considered the facts and record while dismissing the complaint.

7. We heard Adv. Mundada and perused the record. It is come on record that deceased Nirmala was suffering from Aortic stenosis with severe L.V. dyfunction with diabetes mellitus with chronic renal failure cause of death of Nirmala is "Cardiorespiratory arrest secondary to severe atherosclevotic arotic valve stenosis with severe L.V. dysfunction with diabetes mellitus with chronis renal failure" it is contention of the appellant that wrong injection was given by trainee nurse but said fact was not proved appellant by giving any evidence in that respect no evidence of any expert in medical field was produced by appellant to show that the injection given by nurse was not proper. In the absence of any evidence to prove the negligence or deficiency in service on the part of respondent we she not merit in appeal Dist. Forum rightly considered all the facts and record while dismissing the complaint. We do not want to interfere the order of Dist. Forum.

Hence,
            O   R    D   E     R
     1.     Appeal is dismissed.
     2.     No order as to cost.

3. Copies of the order be sent to both the parties.

                              4                 F.A.500/2008

(K. B. Gawali)   (Mrs.Uma S. Bora)         (D.N.Admane)
  Member            Member         Presiding Judicial Member


Patil A.H.
Steno.H.G.