Manipur

StateCommission

CC/2/2020

Shri. Ahongshangbam Nimail Singh and 1 other - Complainant(s)

Versus

The State of Manipur and 3 others - Opp.Party(s)

Mr.L. Brojen Singh

08 Mar 2024

ORDER

This is a Consumer Complaint Case filed by the above named complainants under Section 12 of the Consumers’ Protection Act, 1986 for deficiency of service in the medical treatment of the complainants’ daughter namely late Ahongshangbam Charitra, resulting in her death on 25.10.2019.

2.         Brief facts of the instant Complaint Case is that deceased Ahongshangbam Charitra is the eldest daughter of the complainants and during her lifetime, she was serving as Nurse by profession, by undergoing training and experience course at JNIMS Hospital and as admitted at JNIMS Hospital on 06.09.2019 in the General Surgery Ward under MRD No. 103699 for surgery of Cholecystectomy with open CBD exploration, the surgery for which was conducted on 11.09.2019. Later, after surgery was conducted on deceased Ahongshangbam Charita, on the next day, she started developing complications related to burning sensation, difficulty in breathing, swelling of belly and severe fever, for which the doctors on duty were informed. However, days passed by without sufficient post-operative care and her health condition began to deteriorate. Later, after several days of no medical care and attention, the patient deceased Ahongshangbam Charita was shifted to ICU Ward of JNIMS Hospital where it was detected that fluids were deposited inside the patient’s body for many days. However, no further steps for caring and treatment was taken up. Consequently, due to the non-responsive nature of the doctors and nurses of JNIMS Hospital, the patient (now deceased) who was also a nurse, sensed that her life was in danger in the JNIMS Hospital and accordingly, she requested her parents to shift her to a better hospital like Shija Hospitals, Langol for getting proper medical treatment. Thus, she was discharged from JNIMS Hospital on her request on 18.09.2019 and was admitted to Shija Hospitals, Langol on the same day.

            After admission at Shija Hospitals, deceased Ahongshangbam Charita’s treatment started and it was diagnosed that most of her vital organs were completely damaged resulting in sever sepsis entirely due to sheer neglect of the doctors of JNIMS Hospital. The deceased, who had completed her Nursing course from Shija Hospitals, succumbed to death on 25.10.2019 after prolonged treatment, owing to the damages caused by the negligence and deficiency in medical treatment of JNIMS Hospital. Therefore, the complainants claimed the following compensation amounts :-

	Medical and other expenses	:	Rs. 15,00,000/-
	Compensation towards loss of income	:	Rs. 20,00,000/-
	50% of the above (i) and (ii) to be added to the future prospects	:	Rs. 10,00,000/-
	Funeral Expenses	:	Rs. 15,000/-
	Religious rites	:	Rs. 50,000/-
	Pain and suffering for mental trauma and agony	:	Rs. 1,00,000/-

Total : Rs. 46,65,000/- (Rupees forty six lakhs sixty five thousand only).

3.         The O.P. No. 3 filed written argument in which the averments made by the complainants have been denied on the ground that the medical negligence happened at the hospital of O.P. No. 2, i.e. JNIMS and also submitted that while treatment at Shija Hospitals, all necessary specialists, including senior surgeons, internists, gastroenterologist, medicine specialists, nephrologists and radiologists were all consulted at appropriate times. It has also been submitted that O.P. No. 3 does not share the vicarious liability with the O.P. No. 

4.         Counsel for O.P. No. 1 and 2 also submitted written objections to the complaint case of the complainants, wherein it has been submitted that the allegations of negligence or deficiency of services and any claims made against them are false, malafide and baseless. Further, O.P. Nos. 1 and 2 also submitted that the none of the claims has been traversed specially and hence, the claim should not be admitted. O.P Nos. 1 and 2 also submitted that as per requests of the complainants made to the Medical Superintendent, JNIMS on 13.11.2019, a committee vide Memorandum dated 19.11.2019 was constituted to look into the pre-operative, intra-operative and post operative procedures of now deceased Ahongshangbam Charitra; and the committee, after deliberations and after careful examination of the medical records of the patient, opined as – “According to Boham’s Principle, we cannot find gross negligence on the part of the treating doctors and state of JNIMS.” It has also been contended in their written objection that the patient died after 37 days in a private hospital after getting discharged on request with proper advice from JNIMS Hospital, i.e. O.P. No. 2.

                FINDINGS AND OBSERVATIONS

5.         The said Complaint Case was listed for argument on 27.03.2023 but due to none appearance of one or two or both parties, the argument could not have been done since 24.04.2023.  At last the said Complaint Case was listed on 22.09.2023 and again on 29.09.2023 and thereon 11.10.2023 but both the parties have failed to appear in the said Complaint Case without any reason whatsoever. The matter was fixed for Judgment and Order on 04.03.2024 but could not pronounce the Judgment thereof. Again on 04.03.2024, this Commission fixed  for pronouncement of the Judgment and Order on 08.03.2024.

6.         After perusing the records, we found the Complainant have to substantiate their claims against the O.Ps., with evidences as their claims were strongly denied.

7.         In our considered view the Complainants failed to prosecute their case and also not interested by repeatedly absenting from the procedure without showing any cause. There is no alternative now, except dismissing the Complaint Case as not prosecuted.             

8.         Pronounced in the open court.

9.         Let a copy of this order be provided to all the parties free of cost. The order also be uploaded forthwith on the website of the Commission for perusal of the parties.

10.        10.         File be consigned in record room along with a copy of this order.