By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. The Complainant’s case in brief is as follows:- The first Complainant is the husband and other Complainants are the children of deceased Gouri. The second Opposite Party is the Manager of Fatima Mata Mission Hospital, Kalpetta and first Opposite Party is a Doctor working there. The deceased Gouri had breathing problem from the second week of December 2017 and thus she was admitted in Meenangady Government Hospital on 24.12.2017. She was discharged from there on 26.12.2017 and admitted in Fatima Mata Mission Hospital on 27.12.2017 for better treatment. As per the direction of the first Opposite Party, all the tests were conducted and then he found that she was suffering from Lower Respiratory Tract Infection with wheeze. After the treatment, first Opposite Party discharged her on 06.01.2018. At the time of discharge, Complainants pointed out the first Opposite Party that patient was not properly cured. But, the first Opposite Party did not willing to treat her as an inpatient. He advised to take medicine at the house and directed to come for review after 5 days. Therefore, from 06.01.2018 onwards, she was taking rest at her house and continued medicine prescribed by the first Opposite Party. Even then, the disease was aggravated and when contacted the first Opposite Party through phone, he advised to continue the medicine and said that they need not brought her to the hospital. But the condition of the deceased was deteriorated. So, she was brought to Amrita Institute of Medical Science and Research Centre at Ernakulam on 09.01.2018. After perusing the x-ray taken in the Fatima Mata Mission Hospital, doctors attached there opined that she was suffering from pneumonia. Then, she was admitted there and started the treatment. But, on 13.01.2018, she was succumbed to her disease. Even though, the deceased was suffering from pneumonia, the first Opposite Party failed to give treatment for pneumonia. He has also discharged the deceased without curing the illness. If, there was proper treatment by the first Opposite Party, her death should have been avoided. The doctors working in Amrita Hospital also opined that the death could have been avoided, if there was proper treatment for pneumonia from Fatima hospital, Kalpetta. Therefore, there is deficiency in service on the part of Opposite Parties. So, this complainant to get Rs.45,000/- towards the treatment expenses at Fatima Mission Hospital, Rs.1,45,000/- towards treatment expenses at Amrita Hospital, Rs.15,00,000/- as compensation and Rs.10,000/- towards cost from Opposite Parties.
3. The Opposite Parties filed version which in short as follows:- The complaint is not maintainable either in law or by facts. There is no deficiency from the part of Opposite Parties. They admitted that the wife of the first Complainant, Gouri came to the outpatient department and consulted first Opposite Party on 27.12.2017 with history of breathlessness since two weeks and increased wheeze since 3 days associated with fever and cough. As per the clinical history, she had been under treatment from elsewhere hospital and referred to second Opposite Party hospital since there was no cure. She had asthma with systemic hypertension. Therefore antibiotic was suggested after admitted her in ICU. On 28.12.2017, the patient was clinically stable and hence shifted to room. On the subsequent days also, she was stable without any special complaints. On 03.01.2018, the patient developed fever and hence chest x-ray was taken. The condition was discussed by the doctors with bystanders and suggested for higher antibiotics. They have also suggested for a reference to higher centre. But, the bystanders opted to continue in this hospital. When antibiotics Levofloxacin and Calrithromycin were started, there was response and conditions of Gouri became clinically better. The treatment continued for 4 days and on 06.01.2018, the patient was clinically recovered and stable and found fit to be discharged. The bystanders were also desired to get discharge agreeing to continue oral antibiotics and report back if the symptoms recurred. Then she was discharged. The same medicines were changed over to oral antibiotics and prescribed for 5 days and advised to review in OPD after 5 days. The first Opposite Party attended and treated the patient with due diligence and care in strict regard to standard and accepted medical practice and protocol. They denied that at the time of discharge, the complainant told that the patient was not properly cured. The facts and circumstances show that the patient did not have special complaints after discharge and she might have developed sudden aggravation of symptoms and deterioration secondary to viral infection. If there was no improvement at the time of discharge from second Opposite Party Hospital, she would have immediately gone to higher centre. But they waited for 3 days. They denied that the complainant contacted first Opposite Party over telephone and reported aggravation of her condition and first Opposite Party instructed them not to come to hospital and to take medicines. After the discharge, there was no information about the patient. They denied that the doctors of Amrita hospital after verification of x-ray taken from second Opposite Party hospital opined that there was severe pneumonia. It is seen from the records of AIMS that the patient was managed with very same antibiotics, Levofloxacin and Calrithromycin as prescribed by first Opposite party. Hence, there is no deficiency of service on the part of Opposite Parties. Anyhow, the compensation claimed is very excessive. Hence, this complaint is to be dismissed.
4. On the above contentions, the points raised for consideration are:-
1. Whether there is any deficiency in service on the part of
Opposite Parties, if so, whether the Complainants are entitled
to get anything from the Opposite Parties as prayed for?
2. Reliefs and Cost.
5. The evidence in this case consists of oral testimonies of PW1, PW2, OPW1, Ext.A1 to A6, Ext.X1 series and Ext.X2 series. Heard both sides.
6. Point No.1:- This is a complaint for getting treatment expenses and compensation with cost from Opposite Parties alleging that the wife of the first complainant Gouri died due to the negligent treatment from first Opposite Party, doctor. Second Opposite Party is the Manager of Fatima Mata Mission Hospital, Kalpetta where the deceased Gouri was admitted for the treatment from first Opposite Party. The Gouri died during the treatment in Amrita Hospital, Kochi. Admittedly the deceased Gouri was admitted in Amrita Hospital after the discharge from Fatima Mata Mission Hospital. Evidently, the deceased Gouri was admitted in Fatima Mata Mission Hospital on 27.12.2017 and discharged on 06.01.2018. It is also evident that she was referred from Meenangady Government Hospital for better treatment in higher centre and thus complainants brought her to Fatima Mata Mission Hospital. The grievance of the complainants is that there was no proper treatment from Fatima Mata Mission Hospital which leads to the death of Gouri. There is no dispute that the condition of deceased Gouri was poor when she was admitted in Fatima Mata Mission Hospital as well as in Amrita hospital.
7. As stated above, the main grievance of the Complainants is that there was no proper treatment in Fatima Mata Mission Hospital which leads to the death of Gouri. On the other hand, the Opposite Parties denied that the cause of death of deceased Gouri is the poor treatment from Fatima Mata Mission Hospital. According to them, they attended and treated the deceased Gouri with due diligence and care in strict regard to standard and accepted medical practice and protocol.
8. To prove the negligence against the Opposite Parties, the second Complainant has given evidence as PW1. The Assistant Professor attached to Respiratory Medicine Department of Amrita hospital was examined as PW2. From the side of the complainant, Ext.A1 to A3 and Ext.X1 series were marked. Ext.X2 series, treatment records of Gouri kept in Amrita hospital were marked through PW2. To disprove the innocence of the Opposite Parties, they examined the first Opposite Party as OPW1. PW1 deposed in conformity with their allegations against the Opposite Parties. But, OPW1 attempted to prove that there was no negligence on their part.
9. Ext.A1 is the Discharge Summary given from Fatima Mata Mission Hospital. Ext.A1 shows that at the time of admission, the deceased Gouri was suffering from Lower Respiratory Tract Infection with wheeze. The evidence of OPW1 would go to show that they treated the said Gouri for the disease diagnosed by them after all the test. Ext.A1 shows the treatment history up to 06.01.2018. The specific case of the Opposite Parties is that since the health of deceased Gouri became stable, they discharged the patient with an advice to contact them in case of any emergency. But, according to the Complainants, first Opposite Party discharged the deceased Gouri from Fatima Mata Mission Hospital, even though, her condition was not better and thereby during their stay in their house after the discharge, the condition of Gouri became worst which leads to the admission in Amrita Hospital and her death. But, PW1 deposed that the deceased Gouri was discharged from Fatima Mata Mission Hospital on 06.01.2018 when her health became better and there was an advice from the Fatima Mata Mission hospital to come there for review after 5 days. He further deposed that even then, they have not approached this hospital after the discharge. It is better to reproduce his words here
“06.01.2018 XobXn discharge Bbn. AkpJw Ipd-ª-Xn-\m-emWv discharge sNbvX-Xv. UnkvNmÀPv sN¿p¶ ka-b¯v 5 Znhkw Ignªv review \v hc-W-sa¶v Bh-i-y-¸-«n-cp¶p. discharge \v tijw ^m¯na Hospital  t]mbnÃ.”
10. Ext.A5 is the Death Summary of deceased Gouri. Ext.A5 shows the causes of death of Gouri. They are BILATERAL SEVERE PNEUMONIA (? VIRAL), ACUTE RESPIRATORY DISTRESS SYNDROME, SEPSIS and RESPIRATORY FAILURE. PW2 who is the witness of Complainants confirmed that one of the causes of the death of the deceased Gouri is pneumonia. We have to reiterate his words directly here.
“izm-k-tIm-is¯ _m[n-¡p¶ \yq-tam-Wn-bbpw AXnsâ ^e-ambn Oxegen cà-¯n-te¡v hen-s¨-Sp-¡m-\p-ff capacity Ipd-bp-Ibpw cà-¯n infection sâ tXmXv hÀ²n-¡p-Ibpw sNbvXp. C¡m-c-W-¯m-emWv ac-W-s¸-«-Xv.”
11. So, from the available materials, it is evident that the death of deceased Gouri was mainly happened due to pneumonia. PW1 complained that when they contacted the Amrita hospital, they opined by perusing the X-ray taken in Fatima Mata Mission Hospital that she was suffering from pneumonia even at the time of admission in Fatima Mata Mission Hospital. He affirmed that she was not treated for pneumonia in Fatima Mata Mission Hospital. But PW2, doctor deposed that she was treated for pneumonia in Fatima Mata Mission Hospital. It is true that the diagnosis from Fatima Mata Mission Hospital was Respiratory Tract Infection with wheeze. PW2 deposed that
“A1 {]Imcw lower respiratory tract infection \v Bh-i-y-amb NnInÕ NnIn-Õn¨ tUmIvSÀ \ÂIn-bn-«p-v. R§-fpsS ]cn-tim-[-\-bn ap³]v NnIn-Õn¨ tUmIvS-dpsS `mK¯v hogvN-h-¶-Xmbn tXm¶n-bn-«n-Ã. \yq-tam-Wn-bbv¡v Fathima Hospital  NnIn-Õn-¨n-«p-.v”
12. PW2 further deposed by perusing Ext.A1 and A5 that the Fatima Mata Mission Hospital as well as Amrita Hospital has given levoflowxacin which is according to Opposite parties is a medicine for pneumonia. There no dispute that levoflowxacin is a medicine being prescribed by doctors for pneumonia. So his evidence shows that the first Opposite Party has also given medicine to deceased Gouri for pneumonia. PW1 also deposed that
“Aa-rX Hospital se Hcp tUmIvSdpw FXr-I£n Øm]-\-¯nse tUmIvSÀamcpsS NnInÕsb ]än FXnÀ A`n-{]mbw ]d-ªn-Ô.
13. PW2 admitted that there was possibility to aggravate pneumonia during the long journey of the patient to Ernakulam Amrita Hospital. As already stated, PW2 deposed that there was no negligence on the part of the treated doctor attached to Fatima Mata Mission Hospital and Fatima Mata Mission Hospital has given treatment for pneumonia. So it is evident that the deceased Gouri was discharged on 06.01.2018 from Fatima Mata Mission Hospital when she was stable and that she was under rest till 09.01.2018 at her house and that when her condition became poor, she was admitted in Amrita Hospital and thereafter, she succumbed to her disease on 13.01.2018. Then a question may be raised whether the first Opposite Party treated Gouri for bacterial pneumonia alone because according to Complainants, first Opposite party treated Gouri for bacterial pneumonia, but doctors of Amrita hospital found that she was suffering from viral pneumonia. But, Ext.A5, the death summary from Amrita hospital never confirmed that Gouri was suffering from viral pneumonia. Ext. A5 would go to show that they suspected that she was suffering from viral pneumonia. One of the causes of death of Gouri noted in Ext.A5 is BILATERAL SEVERE PNEUMONIA (? VIRAL). (?) VIRAL) denotes suspected viral pneumonia. Therefore from the available materials here, it can be seen that the Opposite Parties have given better treatment to deceased Gouri. The available treatment records and oral evidence of witnesses never show that the death of the Gouri was caused due to the negligence treatment from Fatima Mata Mission Hospital. So we cannot hold that there is negligence on the part of Opposite Parties. So it is to be held that there is no deficiency in service on the part of Opposite Parties. Hence Complainants are not entitled to get anything towards treatment expenses, compensation and cost from Opposite Parties. Thus, Point No.1 is found against the Complainants.
14. Point No.2:- Since, Point No.1 is found against the Complainants, they are not entitled to get any reliefs as prayed for.
In the result, the complaint is dismissed without costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 30th day of April 2022.
Date of Filing:-05.03.2018.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainants:-
PW1. Joshy. A. R. Agriculture.
PW2. Dr. Nithya Haridas. Doctor.
Witness for the Opposite Parties:-
OPW1. Dr. Rogers Sebastian. Doctor.
Exhibits for the complainants:
A1. Discharge Summary from Fatima Mata Mission Hospital, Kalpetta.
Dt:06.01.2018.
A2. Treatment Details given by Fatima Mata Mission Hospital,
Kalpetta. Dt:20.01.2018.
A3(a). Pharmacy Bill. Dt:27.12.2017.
A3(b). Pharmacy Bill. Dt:27.12.2017.
A3(c). Pharmacy Bill. Dt:28.12.2017.
A3(d). Pharmacy Bill. Dt:29.12.2017.
A3(e). Pharmacy Bill. Dt:30.12.2017.
A3(f). Pharmacy Bill. Dt:31.12.2017.
A3(g). Pharmacy Bill. Dt:31.12.2017.
A3(h). Pharmacy Bill. Dt:01.01.2018.
A3(i). Pharmacy Bill. Dt:02.01.2018.
A3(j). Pharmacy Bill. Dt:03.01.2018.
A3(k). Pharmacy Bill. Dt:03.01.2018.
A3(l). Pharmacy Bill. Dt:03.01.2018.
A3(m). Pharmacy Bill. Dt:04.01.2018.
A3(n). Pharmacy Bill. Dt:04.01.2018.
A3(o). Pharmacy Bill. Dt:04.01.2018.
A3(p). Pharmacy Bill. Dt:04.01.2018.
A3(q). Pharmacy Bill. Dt:05.01.2018.
A3(r). Pharmacy Bill. Dt:06.01.2018.
A3(s). Pharmacy Sales Return Bill. Dt:06.01.2018.
A3(t). Pharmacy Bill. Dt:06.01.2018.
A4. X-ray.
A5. Death Summary from Amrita Institute of Medical Sciences and
Research Centre.
A6(a). Material Bill. Dt:09.01.2018.
A6(b). Pharmacy Cash Bill. Dt:09.01.2018.
A6(c ). Pharmacy Cash Bill. Dt:09.01.2018.
A6(d). Material Bill. Dt:09.01.2018.
A6(e). Material Bill. Dt:09.01.2018.
A6(f). Material Prescription. Dt:09.01.2018.
A6(g). Pharmacy Cash Bill. Dt:09.01.2018.
A6(h). Pharmacy Cash Bill. Dt:09.01.2018.
A6(i). Pharmacy Cash Bill. Dt:09.01.2018.
A6(j). Material Bill. Dt:09.01.2018.
A6(k). Material Bill. Dt:09.01.2018.
A6(l). Material Bill. Dt:09.01.2018.
A6(m). Material Bill. Dt:09.01.2018.
A6(n). Pharmacy Bill. Dt:09.01.2018.
A6(o). Material Bill. Dt:10.01.2018.
A6(p). Pharmacy Cash Bill. Dt:10.01.2018.
A6(q). Prescription. Dt:10.01.2018.
A6(r). Prescription. Dt:10.01.2018.
A6(s). Material Bill. Dt:10.01.2018.
A6(t). Pharmacy Bill. Dt:10.01.2018.
A6(u). Pharmacy Bill. Dt:10.01.2018.
A6(v). Pharmacy Bill. Dt:11.01.2018.
A6(w). Material Bill. Dt:11.01.2018.
A6(x). Prescription. Dt:11.01.2018.
A6(y). Pharmacy Cash Bill. Dt:11.01.2018.
A6(z). Material Bill. Dt:11.01.2018.
A6(aa). Pharmacy Cash Bill. Dt:11.01.2018.
A6(ab). Pharmacy Cash Bill. Dt:11.01.2018.
A6(ac). Pharmacy Cash Bill. Dt:11.01.2018.
A6(ad). Prescription. Dt:11.01.2018.
A6(ae). Pharmacy Bill. Dt:11.01.2018.
A6(af). Prescription. Dt:11.01.2018.
A6(ag). Pharmacy Cash Bill. Dt:11.01.2018.
A6(ah). Pharmacy Bill. Dt:11.01.2018.
A6(ai). Material Bill. Dt:11.01.2018.
A6(aj). Material Bill. Dt:11.01.2018.
A6(ak). Material Bill. Dt:11.01.2018.
A6(al). Prescription. Dt:12.01.2018.
A6(am). In Patient Collection & Appropriation. Dt:13.01.2018.
A6(an). In Patient Advances. Dt:13.01.2018.
X1(Series). Case Sheet of Patient Gouri produced by Fatima Mata Mission
Hospital, Kalpetta. (28 pages).
X2(a). Draft Copy of Death Summary of Mrs. Gouri.
X2(b). Emergence Room Case Record. Dt:09.01.2018.
X2(c ). Draft Copy of General OP Case Note.
X2(d). Inpatient Admission Sheet. Dt:09.01.2018.
X2(e). History and Physical Examination Inpatient. Dt:09.01.2018.
X2(f). Physician’s Orders. Dt:09.01.2018.
X2(g). Physician’s Progress Notes. Dt:09.01.2018.
X2(h). Inter Departmental Referral Form. Dt:09.01.2018.
X2(i). Consent for Admission.
X2(j). Memorandum of Understanding. Dt:09.01.2018.
X2(k). DNI Consent. Dt:11.01.2018.
X2(l). Investigation Flow Sheet.
X2(m). Radiometer Results.
X2(n). Result Report (Clinical Chemistry Lab).
X2(o). Result Report (Clinical Chemistry Lab).
X2(p). Result Report (Clinical Chemistry Lab).
X2(q). Result Report (Clinical Chemistry Lab).
X2(r). Result Report (Clinical Chemistry Lab).
X2(s). Result Report (Clinical Chemistry Lab).
X2(t). Result Report (Clinical Chemistry Lab).
X2(u). Result Report (Clinical Chemistry Lab).
X2(v). Result Report (Clinical Chemistry Lab).
X2(w). Result Report (Clinical Chemistry Lab).
X2(x). Mibg Sensitivity Report.
X2(y). Mifg AFB smear Report.
X2(z). Mibg Smear/Wet mount Report.
X2(aa). Composite Nutrition Screening Form. Dt:10.01.2018.
X2(ab). Medication Order Sheet.
X2(ac). Emergency Room Date Flow Sheet. Dt:09.01.2018.
X2(ad). Patient Handover Sheet for Nurses.
X2(ae). Nursing Care Plan. Dt:10.01.2018.
X2(af). Patient Handover Sheet for Nurses.
X2(ag). Nursing Care Plan. Dt:10.01.2018.
X2(ah). Patient Handover Sheet for Nurses.
X2(ai). Nursing Care Plan. Dt:10.01.2018.
X2(aj). Patient Handover Sheet for Nurses.
X2(ak). Nursing Care Plan.
.
X2(al). Patient Handover Sheet for Nurses.
X2(am). Nursing Care Plan. Dt:12.01.2018.
X2(an). Communication Record for Nurses.
X2(ao). Vital Signs.
X2(ap). Admission Form. Dt:09.01.2018.
X2(aq). Medication Reconciliation Form.
X2(ar). Respiratory Therapy Chart.
X2(as). Respiratory Therapy Chart.
X2(at). ICU Flow Sheet.
X2(au). ICU Flow Sheet.
X2(av). ICU Flow Sheet.
X2(aw). ICU Flow Sheet.
Exhibits for the opposite parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR,
CDRC, WAYANAD.
