This complaint coming up before us for final hearing on                      16-03-11 in the presence of Sri M.V.Anand, advocate for complainant and of Sri G.S.Rama Rao, advocate for opposite party, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following: 

O R D E R

PER SMT.T.SUNEETHA, LADY MEMBER:

                This complaint is filed under section 12 of Consumer Protection Act, 1986 by the complainant seeking direction on opposite party to return the medical expenses of Rs.11,269/- incurred by him besides Rs.43,000/- towards compensation for mental agony and legal expenses.

2.      The brief facts of complaint are as follows:

                The complainant joined as in patient in the hospital of opposite party.  The opposite party conducted several tests on him and treated for 3 days from 24-01-10 to 26-01-10.  The complainant got breathing problem while undergoing treatment.  Complainant observed that no expert doctor has arrived to attend him.  The junior doctor suggested it can take one week time, but the complainant suffering a lot with heavy respiratory problem.  The complainant asked the opposite party to discharge him in order to consult another doctor for speedy recovery.  The opposite party discharges the complainant on 26-01-2010 evening.  The complainant paid an amount of Rs.11,055/- for all the bills which were issued by opposite party.  After discharge the complainant asked for test reports such as ECG, X-ray, ECHO, Blood, Urine etc., but the opposite party refused to give the same  The said reports are very useful and necessary to the complainant.   The opposite party stated that they are no use to complainant, it is only useful for them and they should maintain records.  Hence, the complaint.

3.      The opposite party filed its version, which is brief as follows: 

                The complainant approached the opposite party hospital only on 26-11-09 and not in October, 2009.  He was examined and necessary medicines were prescribed.   Later on 24-01-10, the complainant came to the hospital complaining breathlessness on the early hours of same day.  He was examined and known the case as Hypertension and Parkinson.  At the time of admission, he was breathless and his BP was 210/110.  Hence, he was immediately shifted to Critical Care Unit and he was given necessary treatment.  The complainant was referred to expert cardiologist Dr.Mahesh and Echo was done. While undergoing treatment, the complainant requested that he might be discharged from the hospital.  He has thus got himself discharges against medical advice on 26-01-10 i.e., on the third day of his admission.  Even the bills and prescriptions filed by complainant shows the treatment he has received and medicines used.  The complainant is not entitled for any compensation.  Hence, the complaint may be dismissed.  

4.             Both parties have filed their respective affidavits. Ex.A1 to A16 are marked on behalf of complainant.  Ex.B1 to B11 are marked on behalf of opposite party.  

5.      Now the points for consideration are

1. Whether there is any deficiency of service on the part of opposite party?
2. To what relief the complainant is entitled to?

6.      POINTS 1 & 2:

                   The complainant allegation that non deliver of his medical reports can be discussed in view of regulation provided by Indian Medical Council (Professional Conduct, Elignette and Ethics) Regulation 2002, which came into force with effect from 06-04-02, providing for issue of record within 3 days of request.

7.             Regulation dealing with maintenance of medical records read as under:

                    If she/he medical practitioner does not maintain the medical records of her/his indoor patients for a period of 3 years as per regulation 1.3 and refuses to provide the same within 72 hours when the patient of his authorized representative makes a request for it as per the regulation 1.3.2, her or his act amounts to professional misconduct in rendering her/his liable for disciplinary action by Indian Medical Council.          

8.                The aforesaid regulation ascertaining the issue of records of patient within 72 hours.  Therefore, the opposite party is ought to have issued the reports to the complainant when asked.  Hence, the opposite party committed deficiency of service.    

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite party is directed to pay to the complainant a sum of Rs.3000/- as compensation for mental agony suffered by him and Rs.1000/- towards legal expenses.
2. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of this order, failing which, they shall carry interest at 9% p.a. till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 25^th day of March, 2011.

          MEMBER                               MEMBER                            PRESIDENT          

   APPENDIX OF EVIDENCE

No oral evidence is adduced on either side

                                        DOCUMENTS MARKED

For Complainant:

For Opposite party:     

                                                                                                                                                                                                                   PRESIDENT