DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 27th day of April, 2023
Present : Sri. Vinay Menon V., President
: Smt. Vidya A., Member
: Sri. Krishnankutty N.K., Member Date of Filing: 10/09/2015
CC/130/2015
- Sujatha.K.P., (Died)
W/o.P.Sukumara Menon,
No.25, Dharsanapuri Colony,
Chandranagar Post - 678 007
Palakkad, Kerala
- P.Sukumara Menon, (Died)
H/o Sujatha K.P.,
- Sangeetha K.P.
D/o.Sukumara Menon,
- Saritha K.P.
D/o.Sukumara Menon,
(By Adv. K.Dhananjayan)
Vs
- M/s.Vasan Health Care Pvt.Ltd.
Regd. Corporate Office at No.707,
Dr.Radhakrishna Salai, Lancor West Minster,
Mylapore, Chennai - 600 004.
- Managing Director / Administrative Officer /
Authorised Signatory
M/s.Vasan Health Care Pvt.Ltd.,
Reg.Corporate Office at No.70,
Dr.Radhakrishnan Salai, Lancor West Minster,
Mylapore, Chennai - 600 004.
- M/s.Vasan Eye Care Hospital
18/88(7) Chittur Road,
Kunnathurmedu Post,
Palakkad - 678 013.
- Dr.Vinod
Consulting Opthalmologist,
Vasan Eye Care Hospital,
18/88(7) Chittur Road,
Kunnathurmedu Post - 678 013.
- Dr. Rajagopalan Nair,
Consulting Senior Ophthalmologist & Ophthalmic Surgeon,
M/s. Vasan Eye Care Hospitals Pvt.Ltd.,
18/88(7), Chittur Road, Kunnathurmedu Post,
Palakkad - 678 013. - Opposite parties
(O.P.s by Adv. M/s. G. Ananthakrishnan & K.B. Priya)
O R D E R
By Sri. Vinay Menon V., President
- Original complainant died on 9/6/20 and hence her husband and two children were impleaded as supplemental complainants 2 to 4 as per order dated 9/3/21 in IAs 69/21 and 70/21. Thereafter supplemental complainant 2 also died.
- In brief, the complaint filed by the original complainant pleading that she suffered some irritation and reddishness to her right eye as a result of dust entry on 31/01/2015 and visited 3rd opposite party hospital. Even after being treated for very long periods till 17/03/2015, the doctors of opposite party hospital could not identify and effectively treat the root cause of irritation. The delay in identification and wrong treatment lead to evisceration of her right eye in a Third Party hospital. She is aggrieved by the treatment rendered to her by the opposite parties 4 & 5 in OP3 hospital.
- The opposite parties filed detailed version. They stated that they kept the original complainant under treatment by way of application of various medicines. There was proper identification of disease suffered. They did not resort to surgery as they were concern about the diabetes suffered by the complainant. There was no deficiency whatsoever on their part.
- The following issues arise for consideration:
1. Whether the O.P.s 4 & 5 failed to provide appropriate and effectual treatment to the original complainant ?
2. Whether there is any other deficiency in service or unfair trade practice on the part of the O.P.s?
3. Whether the complainant is entitled to any reliefs sought for?
4. Any other Reliefs?
5. (i) Complainant filed proof affidavit and marked Exts. A1 to A 68.
(ii) O.P. filed proof affidavit and Exts. B1 was marked. O.P. No.5 was examined as DW1.
(iii) Report of the panel of experts who examined the vision of the original complainant was marked as Ext.X1.
Issue No.1
6. In the facts and circumstances of the case, the issue that is to be considered to reach a judicious conclusion is pleaded by the complainant herself in paragraph 13 of memorandum of complaint.
“13. The complainant submits that the fungal formation known as “Fusarium” was the route(root) cause for the infection of the eye of the complainant. The doctors in the Sri.Kanchi Kamakoti Medical Trust, Sankara Eye Hospital, Sivanandapuram, Coimbatore opined that before the anti fungal treatment eye drop with steroid should never be used. The entire complication was because of the faulty diagnosis at Vasan and thereby not taken timely treatment with proper medicine”. (sic)
7. Paragraph 13 would amply highlight the grievance of the complainant as well as act as a pointer to answering Issue No.1. Evidence of the complainant comprised of Ext.A1 to A68. Most of them are bills of expenditure incurred for treatment and various other purposes. Ext.X1 is the report of a panel of experts drawn from 3 different streams of medicines constituted for examining the complainant. As per their report the vision of complainant was reduced to 30%.
8. OP 5, the senior doctor who treated the original complainant, was examined as DW1. Even though suggestions were put to the witness to prove that the complainant was suffering from fungal infection and that the steroids prescribed by OPs 4 & 5 had resulted in ultimate evisceration of her right eye, no useful or relevant evidence that would prove that the treatment was negligent in nature came to light.
9. Further, the complainant has not produced any medical literature or any other expert who could shed light on the allegations. Resultantly we hold that the complainants have failed to prove their case, albeit production of voluminous documents and crossing of O.P.5.
Issue No. 2, 3 & 4
10. Consequent upon the conclusion arrived at in Issue No. 1, we hold that the complainants have failed to prove any deficiency in service on the part of the opposite parties. Complainants are not entitled to any of the reliefs sought for. In the facts and circumstances of the case parties are directed to suffer their respective costs.
With the above findings and conclusions, this complaint is dismissed.
Pronounced in open court on this the 27th day of April, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/- Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant :
Ext.A1 – Copy of invoice dated 31/1/2015
Ext.A2 – Copy of invoice dated 04/2/2015
Ext.A3 – Copy of invoice dated 06/2/2015
Ext.A4 - Original prescription dated 7/2/15
Ext.A5 – Copy of invoice dated 17/2/2015
Ext.A6 – Copy of invoice dated 10/3/2015
Ext.A7 – Copy of invoice dated 12/3//2015
Ext.A8 – Original invoice dated 31/1/2015
Ext.A9 – Original invoice dated 17/2/2015
Ext.A10 – Original invoice dated 10/3/2015
Ext.A11 – Original invoice dated 12/3/2015
Ext.A12 – Original invoice dated 10/2/2015
Ext.A13 – Copy of invoice bearing No.OP/15-16/1136 dated 6/4/2015
Ext.A14 – Copy of invoice bearing No.IP/15-16/1617 dated 6/4/2015
Ext.A15 – Copy of invoice bearing No.IP/15-16/1929 dated 10/4/2015
Ext.A16 – Copy of invoice bearing No.IP/15-16/1965 dated 10/4/2015
Ext.A17 – Copy of invoice bearing No.PH/15-16/914 dated 8/4/2015
Ext.A18 – Copy of invoice bearing No.PH/15-16/709 dated 7/4/2015
Ext.A19 – Copy of invoice bearing No.PH/15-16/829 dated 7/4/2015
Ext.A20 – Copy of invoice bearing No.PH/15-16/816 dated 7/4/2015
Ext.A21 – Copy of invoice bearing No.PH/15-16/888 dated 7/4/2015
Ext.A22 – Copy of invoice bearing No.PH/15-16/1016 dated 8/4/2015
Ext.A23 – Copy of invoice bearing No.PH/15-16/945 dated 8/4/2015
Ext.A24 – Copy of invoice bearing No.PH/15-16/1092 dated 9/4/2015
Ext.A25 – Copy of invoice bearing No.PH/15-16/1183 dated 10/4/2015
Ext.A26 – Copy of invoice bearing No.PH/15-16/1230 dated 10/4/2015
Ext.A27 – Copy of invoice bearing No.PH/15-16/1218 dated 10/4/2015
Ext.A28 – Copy of advance receipt dated 6/4/2015
Ext.A29 – Original service bill dated 19/3/2015
Ext.A30 – Copy of reimbursement final bill statement dated 10/4/2015
Ext.A31 –Copy of split up of theatre charges
Ext.A32 – Copy of discharge summary dated 10/4/2015
Ext.A33 – Copy of invoice bearing No.OP/14-15/72595 dated 16/3/2015
Ext.A34 – Copy of invoice bearing No.OP/14-15/72587 dated 16/3/2015
Ext.A35– Copy of invoice bearing No.PH/14-15/44185 dated 16/3/2015
Ext.A36 – Copy of invoice bearing No.OP/14-15/72554 dated 16/3/2015
Ext.A37 – Copy of invoice bearing No.OP/14-15/72743 dated 17/3/2015
Ext.A38 – Copy of invoice bearing No.IP/14-15/73038 dated 18/3/2015
Ext.A39 – Copy of invoice bearing No.PH/14-15/44342 dated 17/3/2015
Ext.A40 – Copy of invoice bearing No.PH/14-15/44327 dated 17/3/2015
Ext.A41 – Copy of invoice bearing No.PH/14-15/44507 dated 19/3/2015
Ext.A42 – Copy of invoice bearing No.PH/14-15/44540 dated 19/3/2015
Ext.A43 – Copy of invoice bearing No.PH/14-15/44641 dated 19/3/2015
Ext.A44 – Copy of invoice bearing No.PH/14-15/44938 dated 22/3/2015
Ext.A45 – Copy of advance receipt dated 18/3/15
Ext.A46 – Copy of invoice bearing No.IP/14-15/74001 dated 23/3/2015
Ext.A47 – Copy of invoice bearing No.PH/14-15/44951 dated 22/3/2015
Ext.A48 – Copy of invoice bearing No.PH/14-15/46199 dated 31/3/2015
Ext.A49 – Copy of invoice bearing No.IP/14-15/74004 dated 23/3/2015
Ext.A50 – Copy of advance receipt dated 17/3/2015
Ext.A51 – Copy of reimbursement final bill statement dated 23/3/15
Ext.A52 – Copy of split up of theatre charges
Ext.A53 – Copy of discharge summary dated 23/3/15
Ext.A54 – Copy of invoice bearing No.OP/15-16/17088 dated 16/6/2015
Ext.A55 – Copy of invoice bearing No.OP/15-16/17139 dated 16/6/2015
Ext.A56 – Copy of invoice bearing No.OP/15-16/17448 dated 17/6/2015
Ext.A57 – Copy of pharmacy bill bearing No.PH/15-16/10285 dated 17/6/2015
Ext.A58 – Copy of pharmacy bill bearing No.PH/15-16/10207 dated 17/6/2015
Ext.A59 – Copy of pharmacy bill bearing No.PH/15-16/10177 dated 17/6/2015
Ext.A60 – Copy of pharmacy bill bearing No.PH/15-16/10330 dated 18/6/2015
Ext.A61 – Copy of pharmacy bill bearing No.PH/15-16/10104 dated 16/6/2015
Ext.A62 – Copy of advance receipt dated 17/6/2015
Ext.A63 – Copy of inpatient bill dated 18/6/2015
Ext.A64 – Copy of reimbursement final bill statement dated 18/4/2015
Ext.A65 – Copy of discharge summary dated 18/6/2015
Ext.A66 – Original invoice dated 10/3/2015
Ext.A67 – Copy of pharmacy bill bearing No.PH/14-15/45098 dated 23/3/2015
Ext.A68 – Copy of pharmacy bill bearing No.PH/14-15/45046 dated 23/3/2015
Exhibits marked on the side of the opposite party:
Ext.B1 – Original hospital records
Court Exhibit: Nil
Third party documents:
Ext.X1 – Report of Special Medical Board along with covering letter dated 24/4/2017
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party:
DW1 – Dr. B. Rajagopal
Court Witness: Nil
NB : Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
