GANGA RAM HOSPITAL Vs. D P BHANDARI

JUDGEMENT

(1.) In the complaint filed by the complainant before the Delhi State Commission and who is respondent herein before us, he had charged the Appellant. Sir Ganga Ram Hospital authorities, and the Senior Consulting Surgeon of the Hospital Dr. T. Singh with failure to provide the patient Shri Rajesh Bhandari proper treatment. The patient eventually died on the 25th May, 1988. The failure to provide proper treatment, according to the Respondent Complainant consisted of (i) delay of 57 hours in taking a scan of his abdomen, (ii) failure to put the patient on the respirator and (iii) failure to admit him in the ICU even though the Doctors considered it essential that the patient should be kept in the ICU.

(2.) The State Commission was unanimous in rejecting the allegations (i) above viz. of delay in scanning the abdomen and (ii) not providing the patient with a respirator. The State Commission, however, held that it was essential that the patient should have been transferred to the ICU for treatment and that there was failure on the part of the Hospital Authorities and Respondent No. 2, the consulting surgeon, to produce evidence from the hospital records that no bed was available in the ICU during the period of the stay of the patient in the private ward of the hospitaland that the relations of the patient should have been informed immediately that a bed in the ICU could not be made available. On this basis it held the appellants responsible for the failure to shift the patient to ICU when the Doctors so considered it essential and also to inform his relatives that the admission in ICU was not possible due to non-availability of a bed. The majority of the Membrs of the State Commission held that only the appellant Hospital could be responsible for the above lapses and hence held the hospital liable to payment of compensation of Rs.1 lac alongwith costs of Rs. 2000.00 to the complainant. The minority Order of the President of the State Commission held both the Hospital and Dr. T. Singh, Consulting Surgeon, to be responsible and therefore, directed that the complainant should be paid a total compensation of Rs.1 lac of which Rs.80,000.00 is to be contributed by the Hospital Authorities and Rs. 20,000.00 by the Consulting Surgeon, Dr. T. Singh; the costs have also to be shared; Rs. 1600.00 is payable by the Hospital and Rs. 400.00 by the Consulting Surgeon. These Orders of the State Commission were passed on 7.6.1991.

(3.) The Appellant Hospital has, in its appeal, challenged the findings of the State Commission and submitted that there has been no lapse, deficiency or negligence on its part and hence it was not liable to pay compensation and costs to the Respondent Complainant.