Orissa

Cuttak

CC/112/2014

Pratap Kumar Jena - Complainant(s)

Versus

Managing Director,Aswini Hospital - Opp.Party(s)

G C Das

05 Dec 2022

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                   C.C.No.112/2014

Pratap Kumar Jena,

S/O:Late Golak Bihari Jena,

At:Gopalpupr,P.O:Rahadinga,

Dist:Jagasinghpur.                    … Complainant.

 

                                                                Vrs.

Managing Director,

Aswini Hospital,

Plot No.3(P) Sector-1,

C.D.A,MarkatNagar,Bidanasi,

Cuttack-753014.                 ... Opp. Party.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     06.08.2014

Date of Order:    05.12.2022

 

For the complainant:           Mr. G.C.Das,Adv.& Associates.

For the O.P  .                          Mr. P.Behera,Advocate.

 

Sri Debasish Nayak,President.                                                 

Case of the complainant as made out from the complaint petition in short is that the mother of the complainant namely Sailabala Jena was admitted to the O.P hospital on 22.6.13 as an indoor patient since because she was having severe Asthma and severe chest pain.  The complainant had deposited a sum of Rs.5000/- as per the advice of the receptionist of the said hospitaltowardsthe MRI test of his mother.   But no such MRI test was done for his mother   Sailabala Jena rather suction pipe was forcibly inserted and ventilator was also forcibly applied for which the tooth of Sailabala Jena was damaged causing profuse bleeding injury as a result of which Sailabala Jena became unconscious.  The next day morning a bill was handed over to the complainant which was quite abnormal and arbitrary.  The complainant has further alleged that though his mother was having Asthma, she was treated by a plastic surgeon and a physiotherapist.  The complainant further alleges that due to such negligence in the treatment his mother had died untimely  for which he alleges the O.P to be responsible due to whose negligence and deficiency in service his mother had died.   On 23.8.13 the complainant had thus filed this case claiming a sum of Rs.17,00,000/- towards the death of his mother, his mental agony and other expenses.

2.         On the other hand, the O.P has contested this case and has filed his written version wherein he has stated that the case of the complainant is not maintainable and based on hearsay evidence only.   According to the O.Ps, the mother of the complainant namely Sailabala Jena was admitted at casualty of Ashiwini Hospital on 22.6.13 at 8.06pm.  She was having hypertension and bronchial asthma for-which she was being treated at N.S.CentralHospital,Talcher.  Due to breathlessness and unconscious state she was provisionally diagnosed of having a stroke, Aspiration Pneumonia, over and aboveHypertension, COPD(end stage bronchial asthma) .  She was taken to the ICU where several doctors including Intensive, Anaesthetist,Pulmonologist,Physiotherapist,Cardiologist and Neurologist had treated her.  On 3.7.18 the relatives of the patient decided to shift her to N.S.C.H Hospital of Talcher. The medical expenses to the tune of Rs.95,580/- for 12 days was paid on behalf of the patient.  Thus, the O.P has prayed to dismiss the complaint petition with exemplary cost.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainants are entitled to the reliefs as claimed ?

 

The complainant has examined himself and has filed his evidence affidavit which when perused, it is noticed that the same is only the reiteration of the averments as made by him in his complaint petition.

Issue No.ii.

Out of the three issues, Issue no.ii being the most pertinent issue is taken up first for consideration here in this case.

Admittedly, the mother of the complainant namely Sailabala Jena was admitted to the hospital of the O.P on 22.6.13 as an indoor patient since because she was having severe Asthma and chest pain.  According to thecomplainant, hehad deposited a sum of Rs.5000/- as per the advice of the receptionist of the said hospital towards the MRI test of his mother but no treatment was given to her mother, rather suction pipe was forcibly inserted and ventilator was also forcibly applied for which the tooth of Sailabala Jena was damaged causing profuse bleeding injury as a result of which Sailabala Jena became unconscious.  But the complainant has not filed any expert opinion to prove his allegations.  On the other hand, the contentions of the O.Ps that due to breathlessness and unconscious state she was provisionally diagnosed of stroke, Aspiration Pneumonia, over and above Hypertension, COPD(end stage bronchial asthma) for which she was taken to the ICU where several doctors including Intensive, Anaesthetist, Pulmonologist, Physiotherapist, Cardiologist and Neurologist had treated her.  On 3.7.18 the relatives of the patient decided and shiftedthe patient to N.S.C.H Hospital of Talcher after paying the medical expenses to the tune of Rs.95,580/- on behalf of the patient for 12 days treatment in the Ashwini Hospital.  So this Commission finds no deficiency in service on the part of O.P as alleged against him.  Accordingly, this issue is answered.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any of the reliefs as claimed by him.

ORDER

Case is dismissed on contest against the O.P. and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 5^thday of   December,2022 under the seal and signature of this Commission.     

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                            Member