Order-19.
Date-09/08/2016.
The instant case relates to an application alleging medical negligence against Disan Hospital and Heart Institute.
The complainant’s case in nutshell is that Smt. Bakul Biswas, since deceased, the mother of the complainant became suddenly ill on 11-01-2014 with a symptom of little breathing problem for which she was brought to local Sri Balaram Seva Mandir State General Hospital and after treatment for cough she was discharged from the said Hospital. On 12-01-2014 it was found that the problem of the mother of the complainant did not subside remarkably and the problem persisted, as such, she was taken to Disan Hospital and Heart Institute for admission. It is alleged that the OP Hospital through advertisement in Newspaper and on T.V. inspired admission on cashless basis at any point of time during day and night without any initial payment or security deposit for treatment. But the complainant was disappointed when there was insistence on the part of the hospital authority that the admission of the mother of the complainant was not possible without initial payment of Rs.15,000/-. Under compelling circumstances the Petitioner had to pay the money for the admission of his mother. The patient was admitted under senior doctor Sri Mohit Kharbanda at 19.30 hrs. on 12-01-2014. It is alleged by the complainant that the said doctor Kharbanda neither visited nor examined the patient and the Complainant was wrongly reported by the then management that doctor Kharbanda has discharged his obligation. It is also alleged that Dr. Kharbanda never came to the Hospital or examined the Petitioner’s mother and even there is no prescription of Dr. Kharbanda showing the treatment rendered by him. The complainant, as such, had to remove his mother finding no other alternative to SSKM Hospital and Medical College as the OP Hospital neglected and failed to render service and meet up their duties and obligations. The mother of the complainant expired at SSKM Hospital thereafter on 14-01-2014 at 4.30 hrs. It is alleged that OP hospital committed medical negligence and unfair trade practice. It is alleged that the complainant’s mother died due to gross medical negligence on the part of the doctor and management of OP Hospital and the OP Hospital has also did not assist the complainant with any ambulance for shifting his mother to SSKM Hospital and Medical College. Hence this case.
The OP Hospital has contested the case in filing written version contending inter alia, that the case is not maintainable in law and in fact. It is stated that the mother of the complainant expired on 14-01-2014 at SSKM Hospital Kolkata but the said Hospital is not made a party in this case. It is stated that Bakul Biswas, since deceased aged 78 years was brought to OP Hospital by her son Sri Bhaskar Biswas on 12-01-2014 at around 6.50 p.m. with breathing problem since last four days. The patient was having pedal oedema for last two days prior to admission and reportedly she was passing low urine since 08-01-2014. It has also been reported that she was taken to Apollo Hospital on 08-01-2014 with problem of uncontrolled urination. The said patient also prior to admission to the OP Hospital was taken to SSKM Hospital. It is stated that the patient was provided with prompt and proper medical attention since the time of her admission in the OP Hospital and she was shifted to ICU considering her condition and crisis and was admitted under Mohit Kharbanda, MD, FNB(Critical Care). Treatment was provided under the guidance of Dr. Kharbanda who is also Director of Critical Care Medicine and HOD of Internal Medicine. Dr. Kharbanda also examined the patient upon his visit at 9 p.m. on 12-01-2014. During ongoing treatment of the patient Sri Bhaskar Biswas and not the complainant as it appears from the record got the patient released against medical advice by discharging risk bond upon provisional diagnosis. The Patient was taken care of at her bed till she was shifted out of the OP Hospital. It is also denied that the complainant was induced by the advertisement of Disan Hospital and that he made initial deposit of Rs.15,000/- as alleged. An amount of Rs.10,000/- was deposited at the time of admission and such deposit never stood as a barrier for treatment or admission. It is stated that the patient party was never insisted for deposit or the OP Hospital refused admission on the said ground. It is also stated by the OP that it is not the obligation of the Hospital for making any arrangement of ambulance for shifting of the patient as has been done in the present case. Nor has there been any specific request for help for arrangement of ambulance for shifting of the patient. This OP submits that the complainant is not entitled to any compensation and there was no medical negligence on the part of this answering OP.
Point for Decision
- Whether the OP Hospital is guilty of unfair trade practice ?
- Whether the OP Institute has committed medical negligence in treating the deceased patient ?
- Whether the OP Hospital is deficient in service ?
- Whether the complainant is entitled to get the relief as prayed for ?
Decision with Reasons
It is worthy to point out at the very outset that no expert opinion has come before this Forum regarding the medical treatment with respect to patient Smt. Bakul Biswas, since deceased. The Complainant has not sought for reference to expert opinion about the treatment of his mother since deceased. The Complainant has not also stated anything as against the line of treatment or mode of treatment of his deceased mother during her stay at the OP Hospital.
The only grievance ventilated in the petition of Complaint is that Dr. Mohit Kharbanda under whose treatment the patient was admitted did not visit her mother or examine her or treat her ever during her stay at the OP Hospital. The second allegation is that the OP Hospital demanded an amount of Rs.15,000/- as security money at the time of admission of the patient though the OP Hospital is publishing advertisement in Newspapers and on T.V. that they do take admission of the patient within at dead hour of night without any security deposit.
The other grievance is that the OP hospital did not provide ambulance to the patient party for shifting the patient from the OP institute to SSKM Hospital and Medical College.
We have perused the medical documents filed from the side of the OP Institute. It is revealed from treatment records that Dr. Kharbanda had seen the patient on the day of admission i.e. on 12-01-2014 and also on 13-01-2014. From the hospital bills against which payment was made also reveals that Dr. Kharbanda has examined the patient. The treatment record also shows that Dr. Kharbanda prescribed medicine.
It also appears from medical papers that the patient was suffering from Pedal Oedema for two days before her admission at the OP hospital and was even taken to Apollo Hospital with a complaint of uncontrolled urination and bedwetting. It appears that the complainant has suppressed that the patient also visited Apollo Hospital for his illness as is appearing in the case history form. It also appears from medical document that the patient was having bed-sore prior to admission. We are afraid to find that the complainant suppressed those material facts in his petition of complaint.
It is alleged that the complainant was compelled to pay Rs.15,000/- at the time admission of his mother. But it is not appearing from four corners of the complaint that the OP Institute refused that admission of that patient when she was taken there. May be, OP Institute asked that patient party for deposit of money at the time of admission. None, however, came to corroborate that OP Institute refused the admission of the patient. We find no substance in such accusation.
It is alleged that the OP Institute did not arrange and declined to give ambulance service for transferring the patient from OP Institute to SSKM Hospital. OP Institute in its written version has admitted that the guardian of the patient shifted the patient by arranging ambulance of their own. As it appears from the advertisement in newspaper that the OP Institute helps that patient party to get the ambulance at the dead of night. We find that that patient was admitted in the OP Hospital and was staying there. The patient party has every right and authority to choose hospital or medical institute as per their preference. The patient party was not satisfied with the medical service of the OP Institute and accordingly, they wanted to move the patient to SSKM Hospital. It appears that OP Hospital did not afford ambulance service to the patient when the patient was already under the care and custody of the OP Institute. The Hospital is medical service provider and ambulance service is also a part of medical service, moreso, when the OP Institute has been taking out advertisement in newspaper and also on TV that they afford and provide ambulance even in the dead of night. We think that OP Institute is deficient in service in this regard for not providing ambulance service to the patient party for shifting the patient to SSKM Hospital.
We think that the complainant has been able to establish deficiency of service against the OP Institute for not providing ambulance service as a medical service provider. It is not the case of the OP that the ambulance was not available at the relevant point of time. It is stated by the OP Institute that the hospital cannot have any obligation to arrange any ambulance and it is not ambulance service provider. But we cannot accept such contention from the moral, ethical point of view also.
It is not mentioned by the complainant about the expenses incurred by him for the medical treatment of his deceased mother during her stay at the OP Institute. Be that as it may, we think that it would be just, judicious and proper to pass the order as follows for compensation in favour of the complainant.
In the result, the case succeeds in part.
Hence,
Ordered
That the instant case be and the same is allowed in part on contest against the OP.
OP Institute is directed to pay an amount of Rs.50,000/- along with interest at the rate of8 percent p.a. towards deficiency of service apart from litigation cost of Rs.10,000/- to the complainant from the date of this order within 30 days henceforth, i.d., that complainant will be at liberty to put the decree into execution.
In case of non-compliance of the order within the stipulated period, OP Institute shall be liable to pay penalty at the rate ofRs.3,000/- per month to be paid to this Forum till full satisfaction of the decree.
