Parties: Kranti Bhatt vs Hospital owners
Court: DCF, Kushinagar
Date of Decision: 28.10.2022
Specialization: Hospital
Wife of complainant gave birth to a child on 24.08.2015 at OP 1 hospital but after the delivery she started bleeding profusely, upon which she was referred to OP hospital (AICL member).
The complainant deposited Rs. 10,000/- at time of admission but it was informed that the patient went into coma and was in a jiffy referred the patient to higher center.
It was alleged that at higher centre it was informed to complainant that the patient died 5 hours before and could have been saved if brought earlier. Alleging negligence on part of OPs consumer complaint was filed for compensation of Rs.10 lakhs.
Version of OP 3:
On the outset AICL moved an application to implead make insurance company a necessary party as under liability insurance.
Further, all the allegations were vehemently denied and it was stated that the patient came to OP3 hospital in dying dying-dying, dead life threatening condition, with history of delivery on the same day with profuse bleeding. The patient was severely anemic. The blood test was done which showed low haemoglobin. Hence OP no.3 referred the patient immediately referred to higher centre, there was no negligence everything was done diligently, prudently, with utmost due care and caution in treating the said patient.
Held:
The learned court held that it is evident from the discharge slip that patient was having deficiency of blood, her haemoglobin level was 4.8, and under this condition no medical establishment, having minimal facilities would keep the patient. Complainant is not able to prove due to which negligence of OP 3 patient party died. Hence the complaint was dismissed.
