Tamil Nadu

South Chennai

CC/294/2014

R.Dheenan - Complainant(s)

Versus

St.Isabell's Hospital - Opp.Party(s)

S.Chandhrasekaran

22 Jan 2019

ORDER

                                                                        Date of Filing  : 16.06.2014

                                                                          Date of Order : 22.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.294/2014

DATED THIS TUESDAY THE 22^ND DAY OF JANUARY 2019

                                 

R. Dheenan,

S/o. Mr. Raj,

No.11/2, Dr. Thomas Road,

T. Nagar,

Chennai – 600 017.                                                      .. Complainant.                                                        

 

                                                                                       ..Versus..

1. St. Isabell’s Hospital,

Rep. by its Medical Superintendent,

No.49, Oliver Road,

Mylapore,

Chennai – 600 004.

 

2. Dr. R.M. Arumugam, M.D. (General Medicine),

Reg. No.40193,

RMO, Isabell’s Hospital,

No.49, Oliver Road, 09,

Mylapore,

Chennai – 600 004.                                                 ..  Opposite parties.

          

 

Counsel for complainant                        :  M/s. S. Chandrasekharan

Counsel for the opposite parties 1 & 2 :  M/s. K.V. Ananathakrushnan

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.3,95,448/- and interest and a sum of Rs.15,00,000/- towards compensation for medical negligence and deficiency in service, bodily injury and mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that it developed the disease of loose stools vomiting and fever on 18.08.2013 and approached the 1^st opposite party hospital for treatment.  The 2^nd opposite party doctor who treated the complainant in a negligent manner without proper diagnosis and investigation admitted as inpatient and discharged him on 21.08.2013 with the usual instructions of follow up.  The complainant submits that the treatment administered by the opposite parties was not satisfied and the investigation is totally improper and discharged the complainant in a half way.   The complainant submits that on 23.08.2013, she went to Apollo Hospital and met Dr. Vivek who after making enquires and investigation about the complainant’s illness admitted the complainant as inpatient alleging that the complainant had “Rapidly Progressive Renal Failure – Hemolytic Uremic Syndrome on HD” and was discharged from the hospital on 27.08.2013.   The complainant submits that he expended a sum of Rs.19,940/- towards treatment and medicine while taking treatment before the opposite party hospital.  Similarly, the complainant has paid to Apollo Hospitals a sum of Rs.3,75,508/- as expense towards treatment during hospitalisation.  The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that on 18.08.2013 early morning 3.42 AM the complainant was admitted through casualty with severe loose stools for more than 20 times after due diagnose the said disease was treated with proper medicine and administered remedial measures.   The treatment given to the complainant was inaccordance with the medical parlance which did not have any adverse effect. The complainant was administered with intravenous fluids, intravenous antibiotics, oral lacto bacillus, bowel binders resulting gradual stoppage loose stools on 20.08.2013 and was discharged on 21.08.2013 in a good health condition.   The opposite parties state that the allegation of wrong diagnosis high dosages etc are imaginary.   According to the condition of the complainant IV fluids in correct dozes of 1500 m1/ day was given.   Antibiotics were given in the dose of Taxim 1 gm Bd I.V. and injection Tiniba 800 mg Od (once a day), I.V. for 3 days since lab investigation shows the signs of bacterial infection.   The opposite parties state that the allegation that the complainant got admitted in another hospital namely Apollo hospital on 23.08.2013 for better treatment due to the negligence in treatment of the opposite party is an imaginary one.  The opposite parties state that the allegation that the complainant has expended a sum of Rs.19,940/- is absolutely false.  The complainant has paid a sum of Rs.11,940/- including bed charges, medicines, Lab investigation charges, Doctors fees etc.  The balance of Rs.3,907/- is paid towards cost of medicines.  Therefore, there is no deficiency in service on the part of the opposite parties.    Hence the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.3,95,448/- with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.15,00,000/- towards compensation for medical negligence, deficiency in service, bodily injury and mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.   Admittedly, the complainant was developed the disease of loose stools vomiting and fever on 18.08.2013 and approached the 1^st opposite party hospital for treatment.  The 2^nd opposite party doctor who treated the complainant in a negligent manner without proper diagnosis and investigation, admitted as inpatient and discharged him on 21.08.2013 with the usual instructions of follow up.  But on a careful perusal of records, the discharge summary filed by the complainant Ex.A1 & Ex.A2 shows all the particulars regarding date of admission,  Final Diagnosis as ACUTE GASTRO ENTERITIS, History of Present Illness, Physical Examination, Laboratory Investigations, Radiology Investigations, Prescription etc proves the regular ordinary treatment applied on the complainant.  Further the contention of the complainant is that the treatment administered by the opposite parties was not satisfied and the investigation is totally improper and discharged the complainant in a half way.  But the complainant has not pleaded and proved the deficiency in investigation, negligence in treatment, lack of knowledge in diagnosis in this case.   On a careful perusal of the complaint and Ex.A1 & Ex.A2, it is proved that the complainant was affected by Acute Gastro Enteritis resulting loose stools and vomiting etc.  The investigation  reveals the reason for such ailment and after due diagnosis the treatment was given prescribing medicines and discharged him on 21.08.2013 and was away from medicine for three days proves that there is no negligence on the part of the opposite parties.

6.     Further the contention of the complainant is that on 23.08.2013, the complainant without coming for review before the opposite party went to Apollo Hospital and met Dr. Vivek who after making enquires and investigation about the complainant’s illness admitted the complainant as inpatient alleging that the complainant had “Rapidly Progressive Renal Failure – Hemolytic Uremic Syndrome on HD” and was discharged from the hospital on 27.08.2013.   But the complainant deliberately evaded to file the discharge summary issued from the Apollo Hospital and the treatment records of Dr. Vivek even after issue of notice for production of the discharge summary by the opposite party as per Ex.A3  proves that the complainant had suppressed the material facts and came to this Forum with unclean hands.  Further the contention of the complainant is that the complainant has expended a sum of Rs.19,940/- towards treatment and medicine while taking treatment before the opposite party hospital.  Similarly, a sum of Rs.3,75,508/- expended towards treatment for hospitalisation.  But on a careful perusal of Ex.A1 in the 1^st page itself it apparently shows that it is created for claiming exorbitant amount. Equally, the complainant deliberately suppressed the discharge summary issued by the Apollo Hospital to prove the claim.

7.     The learned Counsel for the opposite parties contended that on 18.08.2013 early morning 3.42 AM the complainant was admitted through casualty with severe loose stools for more than 20 times after due diagnose the said disease was treated with proper medicine and administered remedial measures.   The treatment given to the complainant was inaccordance with the medical parlance which did not have any adverse effect. The complainant was administered with intravenous fluids, intravenous antibiotics, oral lacto bacilus, bowel binders resulting gradual stoppage loose stools on 20.08.2013 and was discharged on 21.08.2013 in a good health condition is very clear from Ex.A1 discharge summary issued by the opposite party.   Further the contention of opposite parties is that the allegation of wrong diagnosis high dosages etc are imaginary.   According to the condition of the complainant IV fluids in correct dozes of 1500 m1/ day was given.   Antibiotics were given in the dose of Taxim 1 gm Bd I.V. and injection Tiniba 800 mg Od (once a day), I.V. for 3 days since lab investigation shows the signs of bacterial infection.   The complainant has not denied the said treatment and has not taken any steps to prove such administration drugs is a high dosage as per medical literature.  The complainant  also has not come forward to produce any expert opinion against such treatment also.  

8.     Further the contention of the opposite parties is that the allegation that the complainant got admitted in another hospital namely Apollo hospital on 23.08.2013 for better treatment due to the negligence in treatment of the opposite party is an imaginary one and is denied because the complainant has not proved that the administration of drugs and treatment  by the opposite party was against medical jurisprudence.  On the other hand, the allegation of the complainant that in Apollo Hospital it was diagnosed that “Rapidly Progressive Renal Failure – Hemolytic Uremic Syndrome on HD” is not proved by way of producing the Discharge summary of the Apollo Hospital.   Further the contention of the opposite parties is that the allegation that the complainant has expended a sum of Rs.19,940/- is absolutely false.  The complainant has paid a sum of Rs.11,940/- including bed charges, medicines, Lab investigator’s fees, Doctors fees etc.  The 1^st page of the Ex.A1 is a concocted one, out of Rs.11,940/- a sum of Rs.8,033/- alone paid towards hospital expenses.  The balance of Rs.3,907/- is paid towards cost of medicines.  Therefore, there is no deficiency in service on the part of the opposite parties.    The complainant wantonly suppressed the material facts and does not come forward to implead Apollo Hospital as a party. Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	21.08.2013	Copy of Discharge Summary of St. Isabell’s Hospital, Chennai
Ex.A2		Copy of Medical expenses bills of St. Isabell’s Hospital
Ex.A3	27.08.2013	Copy of Discharge Summary of Apollo Hospitals, Chennai
Ex.A4		Copy of Medical expenses bills of Apollo Hospital, Chennai

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:- 

Ex.B1	18.08.2013	Copy of admission sheet of the complainant
Ex.B2	21.08.2013	Copy of discharge summary
Ex.B3	16.09.2014	Copy of notice to produce documents by Opposite parties’ Counsel to the complainant

 

 

                                                                       

MEMBER-I                           MEMBER-II                     PRESIDENT