In The District Consumer Dispute Redressal Forum, Banka
Complaint Case No.:- 03 of 2017.
Dated: - 29th of May 2018.
Ranjan Kumar Sah: ………………………………………………… Complainant.
V/s
Dr. Neelam Prasad :…………………………………………………… Opposite Party.
Counsel for the complainant: - Sri Kishor Kumar Pandey.
Counsel for the Opposite Parties: - Sri Umesh Kumar Singh.
Present:-
(1) Md. Naimullah
President
(2) Dr. Binay Kumar Singh
Member
(3) Dr. Neelam Kumari Neelu
Member
Judgment
1. complainant Ranjan Kumar Sah has filed this complaint against Neelam Prasad hereinafter called as “OP”, for a decree of compensation of Rs. 10,00,000/- ( Ten Lakh) only for the death of his wife & a male baby born death due to negligence of OP as she did not take proper care and hence has committed deficiency of service on her part.
The fact arising out of this case is that the petitioner is husband of the deceased Sarita Devi, who was in family way. She was under regular treatment of Dr. Sushila Chaudhary at Bhagalpur. The further case of complainant is that the deceased Sarita Devi was admitted to Referral Hospital Amarpur for the purpose of delivery of child. The Referral Hospital found the case a serious one and hence referred Sarita Devi to JNMCH Bhagalpur on the same day.
The further case of complainant is that OP is posted at the Referral Hospital and runs her own nourishing home in the name of St. Anand Shishu and Maternity Care at Block Road Amarpur (Banka) and she allured the complainant to get Sarita Devi admitted in her Hospital and assurance was given that all will become O.K and asked to have patience. The complainant after persuation of OP and her and her staff the wife of complainant was admitted to St. Anand Shishu Maternity Care Amarpur under the care of OP. As per direction the complainant deposited Rs. 20,000/-(Twenty Thousand) in the name of operation of Sarita Devi so that the delivery of child could be possible. The amount was paid on cash.
It is further case of complainant that inspite of payment of operation charge the OP did not perform the operation to said Sarita devi neither any care was taken by the staff and OP in the Result the deceased gave a normal delivery of dead male baby crying in pain. Soon after the delivery of baby the said death of Sarita Devi also died and thereafter complainant and his family members started crying. Thereafter, the OP and her staff fled away from the Hospital.
The chaukidar of local area reached the hospital after being informed and perceived the situation and after seeing the occurrence lodged an FIR against OP as Amarpur Police Station Case No. 457/2016 was registered against OP and the Dead body of Sarita Devi and Baby was recovered from the clinic of OP and was sent for post mortem at Banka Sadar Hospital.
On the basis of aforesaid fact the complainant is filed stating the negligence on the part of Opposite party in not taking proper treatment of deceased and hence has due to negligence committed deficiency of service on the part of OP and hence has stated that the OP is liable to pay compensation to the complainant for compensation of Rs. 10,00,000/- including litigation and mental harassment cost.
The OP after receiving notice appeared and contested the complaint through her written statement dated 25.04.2017 praying therein to reject the complaint on following grounds:-
That the complainant has no cause of action, no specific regarding negligence is pleaded by complainant, the compensation claimed is exorbitant the complainant is not maintainable as no where it is stated the deficiency of service by OP. that the Respondent OP is insured in the “The Oriental Insurance Company ltd. “through the professional indemnity policy No. 272200/48/2016/22357 effective from 12.02.2016 to 11.02.2017. That the patient was never treated by OP and hence the deceased was not a booked patient. The deceased came for the first time with a full term pregnancy. She had couple of episode of convulsion due to eclepsia patient’s hemoglobin was low of four (4) so she was referred to higher centre to save the life of the patient without giving any treatment. The death of deceased was due to negligence of complainant as the complainant did not follow the instructions of OP to move to higher specialist hospital and hence the complainant is not liable to get any compensation from the OP.
On the pleading of the parties the only point of declaration before the Forum is that whether there is deficiency and negligence on the part to OP regarding in causing death of deceased?
Complainant in support of his case has adduced himself as PW1, one Sarita Devi mother of complainant has been examined as PW2. The complainant has produced documentary evidences as Ext.1. The prescription of referral hospital in which the patient was referred to Mayaganj Hospital JLNMCH Bhagalpur Ext. 2 is medical prescription of St. Anand Shishu Maternity Care Block Road Amarpur, Banka.
On the other hand the OP has examined herself as DW1. No any other oral or documentary evidence has been produced by OP. after going through the record it is admitted fact that the deceased has gone to referral hospital for delivery of a child after full term of pregnancy. It is also evident and admitted fact that the referral hospital without administering medicine, any referred the patient/deceased for JLN Medical Collage Hospital Bhagalpur Ext. 2 is a medical prescription which is the main document to decide this complainant. On this basis complainant case is that the deceased was persuaded by the Op and her staff, compounder to get admitting the patient and since the OP is expert in maternity case the matter will be sorted out and successful operation of deceased shall be made and the problem will be well and ok. The complainant relying upon the advice of OP and her complaint admitted the deceased in private hospital run by OP. the complainant on demand paid 22000/- as medical cost of operation and advised medicine which was purchased and supplied by complainant to OP. the case of OP is that the never treated or admitted the patient to her private maternity case home and hence she is not liable for negligence committed any negligence. In Para 9 of the written statement it has been averred that patient was never treated by OP. the deceased was not a booked patient. The patient 1st time came to the respondent in emergency with a full term pregnancy. She had a couple of episodes of convulsion due to eclipsia patient hemoglobin was low (4 Gm.) hence she was referred immediately to a higher centre to save the life of the patient without giving any treatment. It is further alleged that since the treatment to eclepsia is specialized one, OP gave strict instruction to the patient party to the patient immediately but they delayed it. Hence the patient died in hospital itself due to shock anemia caused by eclepsia due to pregnancy. The patient died due to sole negligence of the patient party themselves in delaying to staff to a higher centre and not taking any treatment doing the antenatal Period. Thus there is alleged to be no negligence at least from the OP side.
Medical negligence is defined as failure of medical prescription to provide the care which is expected in care centre each case thus resulting in injury or death of the patient. Negligence occurs when a person uses less than reasonable cave to protect others from harm. A breach of the duty of can usually caused by failing to act with reasonable case.
Negligence is also committed when there is omission of reasonable act to be done by the medical practitioner.
Now let us see whether in the fact and circumstances of this case there is found any negligence on the part of OP in either not providing medical treatment or if no medical treatment was given then what act has been done by OP?
The consistent case of complainant is that after coming out from referral hospital Amarpur the OP and her compounder and nursing staff impressed upon him to get treated the deceased Sarita Devi in the private clinic of OP which is named as St. Anand Shishu & Materniry Care Block Road Amarpur and was assured that best treatment shall be given to patient the pregnant lady and all will become O.K. relying upon the assurance of OP the complainant get admitted her wife into the maternity care of OP. he has also stated that he paid Rs. 22000/- cash as medical fee.
The aforesaid fact has been categorically denied by OP stating at one hand that she has not treated the patient and out rightly Referred the pregnant women to JLNMCH Bhagalpur and on the other hand says that the patient 1st time came to emergency and there she found that the deceased was a full term pregnancy. She had couple of convulsion as reproduced above from Para 9 of page 2 of W.S. In other words she wants to say that the OP was in referral hospital on emergency duty when the deceased was brought before her and she refers the patient to JLNMCH Bhagalpur. To rebut the above fact complainant has drew our attention on Ext. 2 the medical prescription prepared by OP and has submitted that the OP has not attended the patient in emergency ward of referral hospital rather it was attended by a another doctor who referred the patient to JLNMCH Bhagalpur. It is also said that after coming out to go to Bhagalpur as per reference of referral hospital the OP and her staff intercepted him and impressed up and to get admitted the patient in the hospital of OP run under name St. Anand Shishu & maternity Care hospital. It is also case of complainant that the OP after collecting twenty two thousand as private maternity care and diagnosed the patient as Eclomsia. In support of his contention the complainant has relied upon Ext. 2 the medical prescription issued by OP which is in pen & signature of OP. the prescription is a printed prescription form on which the OP has prescribed medicine and after directing the staff she never took care of patient.
I have heard counsel of both sides and gone through the documents available or record. Ext. 2 clearly belies the case of OP that she never treated and administered medicine to the deceased. Ext. 2 clearly show that patient was allured by OP for monetary gain and did not take proper care or made any surgery to save the deceased in the result the deceased Sarita Devi delivered a dead male baby and soon after the deceased also dead. This Ext. 2 clearly shows that there is the gross negligence on the part of OP the service provider the OP has further said that the deceased was not admitted to her clinic. This fact also is belied by the evidence of O, PW1 in Para 15 of her deposition she has admitted that the mother and baby’s dead body was recovered by Police from the clinic of OP. the Post Mortem report also shows that the dead body of mother & child was recovered from the clinic of OP. thus the Ext. 2, the, medical prescription in pen and signature of OP, the deposition of OPW1 clearly goes to show that the deceased Sarita Devi was got admitted by the attendant of OP and her staff and due to negligence of OP the death of deceased and her baby was occurred. Thus there is clear cut deficiency of service on the part of OP service provider. On the basis of aforesaid fact & discussion we come to the conclusion that the complainant is consumer of OP and OP has committed gross negligence in the treatment of deceased Sarita Devi. It is also proved that deceased was admitted in the hospital of OP. where due to medical negligence the Death of Sarita devi took place. In the result the OP is liable for the negligence committed by her for which OP is liable to pay compensation for the death of Sarita Devi.
In the result this complainant is allowed. The OP is held liable for deficiency of service and hence is liable to pay cumulative compensation of Rs. 4,50,000/- to be paid within two months from the date of this order. If the amount of compensation is not paid within the two months the complainant will be entitled to recover the amount along with 9% penal interest from the date of this order through the process of Forum.
The OP has stated that she has got her insured for medical indemnity from “The Oriental Insurance Company Limited” through the professional indemnity Policy no. 272200/48/2016/22357 effective from 12.02.2016 to 11.02.2017. Hence the amount of compensation imposed upon OP is, if the OP likes, may recover it from the Insurance Company Ltd.
With the aforesaid order and observation this complainant case is allowed and disposed off.
Member Member President
