THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.262/2013
Dated this the 30th day of October 2013.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that, complainant’s son was admitted in Malabar Medical College Hospital, Atholi due to a fall . On 25.09.2011 Doctor treated the child and because of fracture appeared, doctor put his hand as plaster covering. Second day Doctor admitted him to operate the fracture affected area and to rectify the bone. Complainant agreed to operation and even after operation the damage is there and the bone is seen projected in the hands of the child. Operation charge and inpatient bills are amounted Rs.15,000/-. After paying the amount even now child carrying the deflexure bone . Complainant seeking relief against the opposite party to repay the actual discharge bill and also direct them to pay Rs.15,20,000/-
Opposite party after serving notice not entered in appearance . On 26.08.2013 opposite party called absent and set exparte.
Points for consideration
1) Whether any deficiency of service on the part of opposite party?
2) Whether complainant is entitled to get any compensation from the opposite party? If so what is the relief and cost?
Complainant examined as PW1 and Exts.A1 and A2 were marked . Ext.A1 is the discharge card. It shows the admission of Opposite parties hospital from 25.09.2011 to 03.10.2011. Ext.A2 is the discharge bill for Rs.12,000/- the amount deducted from the policy fora directly seen the bone projection on verification. It is negligence on the part of opposite party, being a child opposite party has to take extra ordinary care for his treatment. Opposite party miserably failed to take extra care for the treatment of the child. Since the opposite party evade from the proceedings. It is a clear deficiency of service on the part of opposite party. Hence opposite party is directed to repay the actual discharge bill of Rs.12,000/- along with compensation of Rs.5000/-, since the treatment amount was deducted from the insurance claim opposite party has not taken much care to treat the patient; whoever paid the bill, it is immaterial according to the doctor, doctor has to discharge his duty properly, here the duty of the doctor not disclose properly. On perusal of records and personal verification some deficiency was happened from the doctor who is working under opposite party. Therefore complainant is entitled to get back the entire discharge bill of Rs.12,000/- and Rs.5000/- as compensation, and also cost of Rs.1000/-.
In the result petition is allowed and opposite party is directed to pay the discharge bill of Rs.12,000/- , cost of Rs.1000/- and also Rs.5000/- as compensation. Comply the order within one month of receiving the copy of the order.
Pronounced in the open court this the 30th day of October 2013.
Date of filing:21.06.2013.
SD/-PRESIDENT SD/- MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Discharge card issued by opposite party
A2. Discharge bill of Rs.12,000/- issued by opposite party.
A3.Referral out patient ticket dtd.21.10.2011.
A4.prescription of Dr.M.K.Ravindran dtd.01/12/11
A5.Prescription of the Doctor dated18/10
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Raju(Complainant)
Witness examined for the opposite party:
None.
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
