PEOPLES CLINIC & HOSPITAL Vs. DEEPA SATHEESH

JUDGEMENT

(1.) THE appellant in Appeal 353/02 is the 2nd opposite party and appellant in A 274/02 is the 1st opposite party/Managing Director of the Hospital. The appellants are under orders to pay a sum of Rs. 10,000 as compensation and Rs. 2,000 as cost within one month from the date of receipt of the order in O.P. 405/00 in the file of CDRF, Pathanamthitta.

(2.) THE case of the complainant is that on 8.11.2000 she along with her husband went to the 1st opposite party hospital for treatment of mild fever and headache. The 2nd opposite party doctor examined her and was given an injection and some medicines. She was administered an injection and she took the medicines also. On the same day by midnight she had irritation and itching all over the body. By the next morning the situation got aggravated and the skin all over the body began to get darkened. The complainant went to the above hospital on the next day itself i.e. on 9.11.2000. The hospital authorities behaved in a callous and irresponsible manner and asked her to see the same doctor who treated her. It was found that the above doctor was not present in the hospital. The hospital authorities told that they cannot say when the doctor would come. As the condition was getting serious she went to the house of the doctor along with her husband. The doctor was not present in the house. The complainant then went to Covenant Hospital, Mallassery where she was admitted. The condition was diagnosed as reaction to drugs. She was an inpatient at the above hospital up to 13.11.2000. On 13.11.2000 she was referred to a higher centre with more facilities. On 13.11.2000 she was taken to NSS Medical Mission Hospital, Pandalam. Her condition was so serious that initially the hospital authorities refused to admit her. Later the complainant was admitted on condition that if anything fatal happens the hospital authorities would not be liable. The husband of the complainant was required to execute a bond in that regard. She underwent various treatments at the above hospital including transfusion of 5 bottles of blood. She was an inpatient at the hospital from 13.11.2000 to 7.12.2000. The skin all over the body got darkened and there was ulcers and complete disfiguration. The same caused much mental pain and agony to the complainant and her relatives. At the time of discharge she was advised to have bed rest at least for one month and that she would need bystander for sometime. She is still undergoing out patient treatment. It was on account of the negligence on the part of the 2nd opposite party doctor and the negligence of the hospital authorities that she was subjected to such sufferings. The medicines prescribed at the hospital are not considered as medicines having the potential or history of causing reactions. The incident occurred solely due to the exchange of medicine for injunction. The complainant was injected with medicine which was prescribed to be given to somebody else. She had to spend about Rs. 30,000 for medical expenses, for mental agony and pain suffered a sum of Rs. 20,000 is claimed.

(3.) FIRST opposite party the proprietor doctor of the hospital has totally denied the allegations. It is denied that the hospital authorities behaved in an irresponsible manner. The 1st opposite party hospital provides facility in General Medicines. Pediatrics, Gynaecology, ENT, Ophthalmology, General Surgery, Dermatology, etc. The allegation of exchange of medicine for injunction is denied. The 2nd opposite party doctor has filed version admitting that he had prescribed medicines to the complainant on 8.11.2000. The illness was diagnosed as URC. The following medicines were prescribed as out patient -injection: Injection Calpol (Paracetamol), tab Nimesulide, cap Mox (Amoxicillin), tab Avil and cough syrup.