PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 27th day of August 2012
Filed on : 28/02/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 119/2011
Between
P.T. Steephen : Complainant
XXIV/112, Pullan House, (Party- in-person)
Changampuzha Nagar P.O.,
Near Fathima Matha Church
Kalamassery, Kochi-682 033.
And
1. Fr. Paul Moonjely, : Opposite parties
Director, Lisie Hospital (Party-in-person)
P.B.No. 3053, Lisie Juncntion,
Ernakulam, Kochi-682 018.
2. Dr. Jija Thomas, (2nd O.P.by Adv. Raynold Fernandez,
Ward&ICU Duty Doctor M/s. George Thomas Mevada
on 10.01.2011,9.30 PM, & Associates, Mevada,
Ortopedic Ward & ICU, 44/199, SRM Road,
Lisie Hosital P.B. No. 3053, Cochin-18)
Lisie Junction, Ernakulam,
Kochi-682 0118.
3. Duty Doctor at Casualty (Notice against 3rd O.P.
on 10-01-2011 9.40 PM, dispensed with)
Lisie Hospital P.B. No. 3053,
Lisie Junction Ernakulam,
Kochi-682 018.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant’s mother Rosy Thomas aged 89 years was admitted at the first opposite party hospital on 07-01-2011 with left thigh bone fracture. She was operated upon by Dr. Suresh Paul on 08-01-2011 and was brought the room on 10-01-2011. At about 9.30 p.m. after the meal she vomited. 5 minutes later she felt breathlessness. The nursing staff was immediately informed by the complainant. But oxygen cylinder was brought to the room only after 5 minutes . The nurses tried to administer oxygen, but they could not open the oxygen cylinder By the time the patient collapsed. The son of the complainant rushed to the casualty and informed the duty doctor about the critical condition of the patient. However he did not come to the room. In the meantime the complainant’s son carried another oxygen cylinder without mask. But it was of no use. By about 10.20 p.m. it was informed that the patient had died. There was negligence on the part of the concerned hospital staff in rendering immediate medical help to the patient. The failure in providing the apparatus in time has contributed the tragic death of the patient. Therefore the complainant is before us seeking direction against the opposite parties to refund the medical expenses with compensation of Rs. 1,00,000/- towards mental agony together with costs of the proceedings.
2. The version of the 1st opposite party.
The mother of the complainant was referred to the 1st opposite party hospital from MAJ hospital Edappally on 07-01-2011. She had suffered a fracture on the left thigh bone. After the operation she was brought to the room on 10-01-2011. On 10-01-2011 at about 9.45 p.m. while the patient was fed she vomited and aspirated. She immediately developed breathlessness. The patient was directed to be shifted to the surgical intensive care unit. The doctor also directed suctioning and removal of the aspirate. Within a few minutes the doctor reached the SICU and continued the resuscitation of the patient. During this time the senior doctor on duty as well as the Anesthetist Dr. PC Mathew was informed of the situation. Dr. PC Mathew came to the SICU and took over the resuscitation efforts. Despite all the efforts the patient died by Cardiopulmonary arrest which triggered the aspiration. The doctors and the staff had done everything possible to resuscitate the patient who had vomited and aspirated. The complaint is barred by non-jointer of necessary parties.
3. The 2nd opposite party filed a separate version raising the same contentions of the 1st opposite party.
4. Notice against the 3rd opposite party was dispensed with since the address is not consequential. The complainant was examined as PW1 and Exts. A1 and A2 were marked on his side. The 2nd opposite party was examined as DW1 and Ext. B1 was marked on her side. Heard the complainant who appeared in person and the counsel for the opposite parties.
5. The points that came up for consideration are as follows
i. Whether the complaint is barred for non-joinder of necessary
parties?
ii. Whether the complainant is entitled to get refund of the hospital
expenses and to get a compensation of Rs. 1,00,000/- together with
costs of the proceedings?
6. Point No. i. During evidence PW1 admitted that the deceased Rosy Thomas had 9 children however they are not a party to the proceedings. He has also stated that the medical bills were paid by the other children of the deceased. According to the complainant his brothers and sisters had authorized him to file the complaint in this Forum nothing is before us substantiating the same. The complainant need to have impleaded the legal heirs of the deceased in the party array in which he failed for what ever reasons.
7. Point No. ii. According to the complainant the death of his mother was caused due to the non-availability of medical assistance on the part of the staffs and doctors of the1st opposite party hospital. The opposite parties maintain that the 2nd opposite party who was examined as DW1 rushed to the room of the patient on receipt of the intimation of the nursing staff. According to them there was no negligence or laches on their part in treating the mother of the complainant.
8. PW1 the complainant deposed before the Forum that he and his two sisters were present at the room on the date of the unfortunate incident. However their presence is not evidenced before this Forum. PW1 further contented that the breathlessness of the deceased caused the development which ultimated. DW1 categorically stated that since the nursing staff could not open the oxygen cylinder they immediately shifted the patient to the trolley and administered oxygen from it.
9. Our Sympathies rest with the discerned though consequentially there is no remedy before us raised by the complainant for want of necessary reasons or evidence. The onus is heavily on the complainant to substantiate his contentions in the complaint in this Forum. He has failed to do so accordingly. For reasons of non-joinder of necessary parties and non production of cogentable evidence on account this complaint is unsustainable. Held so.
Pronounced in the open Forum on this the 27th day of August 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of letter dt. 17/01/2011
A2 : Copy of bill dt. 12/01/2011
Opposite party’s Exhibits : :
Ext. B1 : Lisie Hospital record
Depositions:
PW1 : P.T. Steephen
DW1 : Dr. Jija Thomas
