ORDER

SMT.NANDINI.H.KUMBHAR, MEMBER

1. The Complaint is filed by the complainant under section 35 of the C.P.Act, 2019 against the OP alleging deficiency of service directing the  pay a compensation of Rs.99,99,000/- to the complainant and such other reliefs.

2. The brief facts of the case is as follows:

       This is the case of the complainant that  complainant was  admitted to the OP hospital on 21.08.2023 with a history of Watery Loose Stools, Green colour since 2-3 days  with a pain in abdomen and generalized weakness and Type-2 diabetes Mellitus and the OP have given estimation of cost of treatment  of Rs.10,000/- for admission and treatment. The complainant submits that the complainant was attended by Dr.Ashok.M.N, and at the time of admission, complainant’s condition was stable and all blood/stool test results were near normal vide lab report dt.21.08.2019. The complainant submits that at the time of discharge on 29.08.2019, the OP have given only a brief summary and few lab reports and X-ray report,  prescriptions to be followed and without the complainant’s request  OP discharged  her on 29.08.2019 and advised  to continue  the I.V. Antibiotics at home with the help of nurse or to come to OPD and take I.V. antibiotics. The complainant submits that when the complainant admitted only due to loose motion, pain in abdomen and weakness and nothing else, not even vomit and due to excess administration of  I.V. fluids water accumulation occurred  in lungs and due to the  negligence of OP doctor this has caused risk  of death to patient and the complainant developed chills and fever suddenly on 4^th & 5^th day of admission. The complainant submits that the complainant was re-infected with loose motion  due to which she was unnecessarily referred to Gastroenterologist  and became stable after 03 days of treatment. On 25.08.2019, OP doctor while taking, the complainant suddenly  started reeling  around without any control and screamed with spine pain, right from starting of spine upto neck and inside head, but the doctor did not explain why it had happened and advised the nurse to apply voline pain killer and some injection. The complainant submits that due to lack of hygiene in the hospital  and due to highly negligent and incorrect treatment given to the complainant by OP  from the date of admission till discharge and still the complainant is suffering from some side effects. Aggrieved by the act of OP, the complainant filed the present complaint seeking  relief as prayed in the complaint.

3.  Notice to the OP duly served, OP represented by counsel filed written version and affidavit along with relevant documents in support of their defense.

4. Complainant filed chief examination affidavit by re-iterating the complaint allegations and also filed relevant documents in support of their plea.

5.  Heard arguments and matter is reserved for orders.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OP as alleged in the complaint and thereby prove that she is  entitled for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1           :       Negative.

Point No.2           :       As per final order.

REASONS

9. POINT NO.1:- The OP represented by counsel filed written version along with documents and also filed chief examination affidavit and the OP denied any negligence as well as deficiency during the course of their service. The OP submits that, the complainant came to the OP’s hospital on 21.08.2019 with history of watery loose stools since 3-4 days associated with pain  in the abdomen and generalized weakness. On examination of the past history of Diabetes Mellitus, she was  advised  admission to  hospital and treatment through I.V. lines as oral antibiotics were not effective in patient condition. After follow up treatment, she developed fluid over loaded on 26.08.2019, the complainant has been under monitoring  during her entire admission, she has been under 24 hours observation by resident doctor and ICU  doctors. The patient  care has been  documented in the case sheet. Further,  during her stay in the OP’s hospital, the complainant also had complained as bloating of abdomen, for which the OP have taken Gastro surgical opinion which was advised. As per advise and opinion of Specialist in Gastro surgical OP have followed prudently and same was explained to the complainant, but surgical opinion was refused by the complainant. Further, the complainant’s back pain was provisionally diagnosed as a result of muscle catch and  advised  inj. Calcium gluconate and others. The OP hospital is well equipped with all the modern facilities having adequate man power who are qualified, skilled and competent  professional  and have followed  strict protocols in every stage and every aspect of patient care.  The patient was treated by experienced doctors on the day of admission and  discharged and was counselled and advised to take I.V. antibiotics injections. The OP denied all allegations as against OP and pray for dismissal of complaint.

10. The complainant filed chief examination affidavit by re-iterating the complaint averments as against the OP and also produced some of the documents in support of their contention. The complainant in this complaint have made allegations of medical negligence and the deficiency  during the course of their service to the complainant. That the complainant  got admitted to the OP hospital on 21.08.2019  only had a loose motion, pain in abdomen and general weakness since 2-3 days with pain in abdomen  and with Type-2 diabetes mellitus. At the time of admission the condition of the complainant was stable and all the blood stools test result were normal without the request of the complainant, the OP have discharged the complainant on 29.08.2019 evening  by giving only a brief summary  and few lab reports and advised to continue to I.V. antibiotics. When the complainant admitted in the OP’s hospital only with loose motion, pain in abdomen because of excess administration of I.V. fluids without any watch over supervision or proper instructions and negligence of the doctors,  lack of hygiene    the complainant developed chills and fever.

11. The OP on the other hand while denying all the allegations in the complaint statement that, the condition in which the complainant arrived at the OP/hospital necessitated all the required tests to arrive at a conclusive line of treatment. They also stated that, at the time of admission, the complainant was with the history of diabetes mellitus on oral  hypoglycaemic agent. However, her general random blood sugar was 441mg/Dl. While it is considered normal up to 140 mg/DL  and therefore, immediate admission with all the necessary tests were performed. The OP also confirmed that, the treatment rendered to the complainant is strictly as per established practice and also Gastro & Surgical opinion was advised by the expert doctors and there is no deficiency on their part.

12. The commission after considering the contentions as above, observes that, the complainant statement that highly negligent and incorrect treatment was given to the complainant  by the OP’s, therefore, claiming deficiency of service is not appreciated. The treating doctor is the  best judge in a case, where multiple options/tests are available in respect of a particular ailment. In the case of complainant, the OP have provided the treatment as per its diagnosis. The contention of the complaint with mere allegations of negligence on the part of the OP hospital is without substantiated proof. The complainant has not provided any expert evidence to show that, the line of treatment/tests is incorrect. The complainant has not produced any piece of record in support of the allegations  that, still the complainant is suffering from some side effects. The complainant has not even made the treating Doctor as a party before the commission as burden of proof  rests entirely on the complainant.  As per the Hon’ble NCDRC observed that, the C.P.Act, ought not to be used as halter around the neck of doctor making them apprehensive  of taking professional decisions at the crucial moments. Where, once the existence of duty has been established the complainant must prove the breach of duty and the consequences. Generally the liability arises only  when the pleading is able to prove negligence to place the burden on him.

13. In view of the principles laid down by the Appellate Authorities, the commission comes to the conclusion that, the complainant made mere oral allegations  and has failed to prove complaint allegations against OP hospital by way of adducing any expert evidence. All the allegations cannot be considered only on the basis of pleadings. In the absence of any of the expert opinion, the commission is not in a position to adjudicate the complaint on merits.

14.  In view of the above discussion, by considering the documents produced by both the parties, the commission has no hesitation to hold that the complainant has failed to prove  the deficiency in service  on the part of OP. Therefore, the complaint deserves to be dismissed for want of expert report.  Accordingly, we answer the Point No.1 in negative.

15. POINT NO.2:- In the result, for the forgoing reasons,  we passed the following:

                                      ORDER

1. The complaint filed by the complainant is hereby dismissed. No costs.
2. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 28^th June 2024)

(RAMACHANDRA M.S.)

PRESIDENT

     (NANDINI H KUMBHAR)                   (SHRINIDHI.H.N)            

                    MEMBER                                       MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Smt.Susheela-Who being the complainant.

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:-

Dr. Ramanaiah Yadavally-Who being the Emergency Head of OP.

Documents produced by the OP:

(RAMACHANDRA M.S.)

PRESIDENT

     (NANDINI H KUMBHAR)                 (SHRINIDHI.H.N)            

         MEMBER                                    MEMBER                                   

 SKA*