MOHD KAUSAR PARVEZ Vs. ST STEEPHENS HOSPITAL

JUDGEMENT

(1.) This first appeal has been filed under section 19, read with section 21(a) (ii) of the Consumer Protection Act, 1986 against the impugned order dated 19.03.2018, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Complaint No. 87 of 2008, filed by the complainant, vide which, the said complaint was dismissed.

(2.) There is delay of 48 days in filing the instant appeal. In the interest of justice and for the reasons stated in the application for condonation of delay, this short delay is condoned.

(3.) Brief facts of the case are that Smt. Zaheda Rajat Quraisee, the wife of the complainant (for referred as the 'patient') took initial treatment for severe abdominal pain from Dr. Deepak Sharma on 13.11.2007. There was no improvement. Therefore, she was taken to St. Stephen Hospital (OP Hospital) on 19.11.2007. Chest X-ray, ultra sound, CT scan and other tests were conducted on 20 & 21.11.2007. It was alleged that on 22.11.2007, the patient was shifted to surgical female ward and the Ryle's tube was forcibly inserted through her nose despite resistance from the complainant. It was done by unskilled nurse and no qualified doctor was present at that time. Such procedure should be carried out in presence of competent and qualified doctor. Therefore, the patient was put to unwarranted risk. She was shifted to Surgical (SICU) as she developed pneumonia. The patient was not properly treated for the ailments she was suffering from. On 28.11.2007 the patient was declared dead. Deficiency in service and negligence on the part of OP Hospital resulted in the death of wife of the complainant. The hospital did not issue medical record despite several requests.