ST. STEPHAN HOSPITAL Vs. SIYA RAM SAGAR

JUDGEMENT

(1.) This First Appeal has been filed by St Stephan Hospital (hereinafter referred to as the 'Appellant') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission') which had accepted the complaint of Siya Ram Sagar and others, Respondents herein and original complainants before the State Commission alleging medical negligence against the Appellant

(2.) Appellants on being served filed a rejoinder in which the allegations of medical negligence and deficiency in service were denied and it was stated that the cause of the death of the patient was chronic renal failure and not due to non-availability of blood or any other negligence as contended by Respondents It was specifically stated that the patient had come in a very poor health condition since apart from suffering from rheumatoid arthritis for 20 years, she had bed sores, abdominal pain and low urine output She was also dehydrated with low blood pressure She was, therefore, admitted in the private ward and pathological investigations revealed that she was very anemic, her hemoglobin being 4.3 gm with mild renal impairment She was, therefore, advised blood transfusion Next day, repeated renal functions tests indicated that there was marked deterioration and any surgical intervention was therefore, ruled out Thereafter, patient suffered total renal failure and there being no dialysis facilities at Appellant/Hospital, she was referred to Pushpawati Singhania Institute of Research for dialysis However, Respondents instead took her to Tirath Ram Shah Hospital where she died Thus, the cause of patient's death was because of chronic renal failure and not due to the reasons cited by Respondents

(3.) The State Commission after hearing both the parties allowed the complaint by observing as follows