ST. STEPHENS HOSPITAL Vs. ROSHANI DEVI

JUDGEMENT

(1.) FIRST Appeal No. 411 of 2007 has been filed by St. Stephens Hospital being aggrieved by the order of the State Commission, which had allowed the complaint of medical negligence alleged by Smt. Roshani Devi, complainant before the State Commission and respondent herein. A cross appeal (First Appeal No. 488 of 2007) in the same matter has been filed by respondent/complainant, seeking enhancement of the compensation awarded by the State Commission. Since the cause of action and the parties involved are common in both the cases, we propose to dispose of both appeals through a single order by taking the facts from First Appeal No. 411 of 2007.

(2.) IN her complaint before the State Commission, Complainant/respondent -Smt. Roshani Devi contended that her late husband (hereinafter referred to as 'patient '), who had been suffering from intermittent fever from 12.02.1996 and which could not be cured in Rohtak, was admitted to appellant hospital on 22.02.1996. He was discharged on 26.02.1996 with the remark that the patient had "improved " and required treatment as an outdoor patient, whereas the patient was in a very critical condition when he was discharged with platelet counts which had dropped to even more critical levels from 19,000 to 16000 cumm; whereas the normal count is between 1,50000 to 4,50000 cumm. It was stated that although the concerned Doctors of Appellant Hospital had clearly recorded that liver abscess was suspected but no tests were conducted to confirm the same or to diagnose the cause of the very low platelets counts (Thrombocytopania). In fact throughout the period of the stay of the patient in Appellant Hospital, only empirical treatment to deal with the overt symptomatic conditions like fever, pain and nausea were given such as Combiflame, Lariago and Perinorm. Some of these medicines are contraindicated as being toxic in respect of liver complaints.

(3.) BEING aggrieved by the deficiency in service and medical negligence on the part of the appellant hospital because of which a young man of 32 years who was working as a school teacher on a monthly salary of Rs. 5,000/ - (and which would have substantially increased over the years), expenditure of over Rs. 1,20,000/ - spent on his treatment and also the acute mental agony and invaluable loss caused to Respondent and her young children, Respondent filed a complaint before the State Commission requesting that the Appellant -Hospital be directed to pay the Respondent following: <FRM>JUDGEMENT_582_NCDRC_2013.htm</FRM>