USHA SETH Vs. INDRA PRASTHA APPOLO HOSPITAL

JUDGEMENT

(1.) THE deceased, Sh. M.M. Seth, husband of the complainant, died at the age of 53 years at the OP hospital where he was admitted for treatment. According to the complainant, her husband did not receive proper treatment and doctors of the OP hospital committed negligence in the treatment which resulted into the death of her husband. She is claiming a total compensation of Rs. 19.00 lacs as follows: (a) Loss of future earnings : Rs. 14.00 lacs (b) For pain and sufferings : Rs. 3.00 lacs (c) Expenses incurred on treatment : Rs. 2.00 lacs Total : Rs. 19.00 lacs

(2.) BRIEFLY stated facts of the case are that Sh. M.M. Seth was admitted to the OP hospital on 17.8.1998 under the care of Dr. Rajeev Chawla with provisional diagnosis of respiratory failure, hypertension, etc. (as per the "Request for Admission"). He was discharged on 20.8.1998, though he was in a critical condition, despite the request of the complainant to the contrary, and the deceased had to be re -admitted to the OP hospital on 22.8.1998 where he died on 30.8.1998. According to the complainant, OP committed the following deficiencies:

(3.) OP has denied all the allegations. It is stated that the patient was a chronic heavy smoker, alcoholic and hypertensive. At the time of admission to the OP hospital, he was suffering from progressive dyspnea (breathlessness) for the last 6 -8 weeks, cough, fever and episode of hemoptysis (coughing out blood). He was subjected to Bronchoscopy with Transbronchial lung Bx. On 19.8.1998, he was in stable condition and was discharged on 20.8.1998. It is denied that he was in a critical condition at the time of discharge and was discharged forcibly.