USHA MEHTA Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) The petitioner has filed this writ petition for claiming reimbursement of the medical expenses incurred with regard to the treatment of her husband, who was working as Assistant Agricultural Research Officer in the Agriculture Department of the State of Rajasthan to the tune of Rs.6,98,001.87 the details of which are placed on record as Annex.3. The husband of the present petitioner was initially admitted in the local MDM Hospital, Jodhpur for stomach ache on 14.6.2004 and the doctors in the said hospital diagnosed him with the problem of Harnia which was advised to be required to be operated immediately on 15.6.2004. the petitioner's husband Sh. Kishan Chand was operated upon on 15.6.2004 but it seems he unfortunately passed into unconsciousness or coma and being in that vegetative state for about 2 months, he suffered another cardiac arrest on 23.8.2004. When no improvement in his condition took place and on the other and it got deteriorated, he was again admitted in the same hospital on 28.11.2004 due to some further complications. The local doctors made all possible efforts but the situation for the patient could not improve.

(2.) In these circumstances, the Head of the local MDM Hospital constituted a Medical Board and the said Medical Board examined the patient and found multiple organs failure and the patient suffering from various diseases including Post Hypoxic Encephalopathy with residual Quadriparesis, Parkinsonism pressure sores, pneumonia with recurrent pulmonary embolism and other neuro problems also developed and in these circumstances the Medical Board refrred him to be treated in AIIMS, New Delhi. Upon enquiry by the patient's relatives, The AIIMS, Delhi expressed its inability to make available a bed for the patient and therefore the patient was shifted to Bombay Hospital at Mumbai which is also a recognised hospital by the State of Rajasthan as per the Rajasthan Civil Services Medical Attendance Rules, 1970.

(3.) The Bombay Hospital treated the said patient in Intensive Care Unit and diagnosed him as having pulmonary embolism and tubercular vertebral collapse at various levels and then he was put on ventilator and even after stay at Bombay Hospital for about 3 months, the doctors treating the patient gave up and advised the family to take back the patient to Jodhpur leaving him to meet his ultimate fate. As aforesaid the said patient unfortunately expired on 28.3.2005. The wife and widow of the patient filed the present reimbursement claim with the respondent authorities for the reimbursement of the medical expenses incurred by the family on the treatment of the said Government servant to the tune of Rs.6,98,000/-.