Complainant present in person 

Opponents through Lrd Adv. Smt. Radhika Bali 

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Per : Mr. V. P. Utpat, President              Place   :  PUNE

// J U D G M E N T //

(25/11/2013)

                    This complaint is filed by the consumer against the opponent for compensation on the ground of medical negligence.  The brief facts are as follows,

1]       The complainant is a resident of NIBM Road, Pune  - 48 and Doctor by profession.  He had visited the hospital of the opponent for medical treatment on 4/7/2012, as he was suffering from loose motions.  It is the case of the complainant that, the opponent has charged excessive amount of Rs. 1756/- on the ground of medicine, Rs. 100/- for pathology lab test and Rs. 800/- for unethical visit by Dr. Belgaumkar and Rs. 1086/- as administrative charges.  It is also contended by the complainant that the nursing staff of the opponent did not give him proper treatment and they behaved with him negligently while giving saline to him.  Needle was not properly inserted into the vein and he had suffered lot of pain due to improper treatment given by nursing staff.  After taking discharge from the hospital, the complainant consulted Dr. Kamerkar for vein injury.  After two months from the treatment, swelling and pain remained same.  Thereafter, he was referred to Dr. Barve for taking X-ray.  The complainant has claimed an amount of Rs. 90,000/- for mental agony and also an amount of Rs. 90,000/- for nursing negligence.  The total claim of the complainant is for Rs. 1,83,742/-.

2]      The opponent appeared before the Forum and resisted the claim by filing written version.  It is specifically denied by the opponent that there was negligence on the part of them.  The claim of excess billing and undue billing were also denied by the opponent.  According to the opponent, it is running a charitable hospital and Dr. Inamdar never treated the complainant.  The opponent has denied that there was negligence at the hands of nursing staff and they have prayed for the dismissal of the complaint. 

3]      After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-

REASONS :-

4]      During the course of the argument, the opponent has fairly agreed to repay the excess bill, which was charged at the time of admission of the complainant in the hospital.  It reveals from the complaint that the complainant has claimed excess amount for Pharmacy charges and Pathology charges to the tune of Rs, 1856/-.  He is entitled for the same. 

          The complainant has claimed administrative over charges to the tune of Rs. 1086/-.   But that claim can not be allowed, as the hospital is a Charitable Hospital.  It has provided infrastructure and other facilities, which has required administration and administration charges, which are shown in the said bill can not be said as excessive.

          The complainant has claimed an amount of Rs. 800/-, which is charged for the visit of Dr. Belgaumkar.  According to him, the said doctor has visited him when he was recovered and that charge is unethical.  In my opinion, the complainant is entitled to recover that much amount from the opponent.

          It reveals from the record that after taking discharge from the hospital, he had visited other doctors and it reveals from the certificates of the doctors that there was swelling to the hand of the complainant and there was injury to the vein of that hand.  This indicates that definitely there was negligence on the part of the nursing staff while giving treatment.  Hence, complainant is entitled for compensation of Rs. 10,000/- for negligence of nursing staff.  It reveals from the record the complainant had required to run from pillar to post for claiming compensation from the opponent for medical negligence.  He had suffered lot of pains during the course of treatment and thereafter.  The pains and sufferings can not be determined, as there is no parameter to measure the pains and sufferings.  The pains and sufferings are considered by the person, who has actually experienced the same.  On the ground of pains and sufferings & mental agony, the complainant is entitled for compensation of Rs. 10,000/- and cost of the complaint to the tune of Rs. 3,000/-.    I answer the points accordingly and pass the following order.

                                      **  ORDER **

1.                 Complaint is partly allowed.

2.                 It is hereby declared that the opponents

have committed medical negligence.

3.          The opponents are directed to refund jointly

and severally an amount of Rs. 1,856/- (Rs.

One Thousand Eight Hundred and Fifty Six

only) and an amount of Rs. 800/- (Eight

Hundred only) to the complainant, within six

weeks from the date of receipt of copy of this

order. 

4.          The opponents are further directed to pay

Jointly and severally an amount of Rs. 10,000/-

(Rs. Ten Thousand only) towards compensation

for negligence of nursing staff and an amount of

Rs. 10,000/-(Rs. Ten Thousand only) for mental

and physical sufferings and an amount of Rs.

3,000/-(Rs. Three Thousand only) by way of cost

of the complaint to the complainant, within six

weeks from the date of receipt of copy of this order. 

5.         Copies of this order be furnished to the

    parties free of cost.

                   6.       Parties  are directed to collect the sets,

which were provided for Members within

one month from the date of order, otherwise

those will be destroyed. 

Place – Pune

Date- 25/11/2013