KANCHAN SINGH Vs. MAA SHARDA HOSPITAL

JUDGEMENT

(1.) This Complaint has been filed under Sec. 21(A)(i) of the Consumer Protection Act, 1986 (for short "the Act") by Smt. Kanchan Singh (hereinafter to be referred as the 'Complainant' or 'Patient') against Maa Sharda Hospital (hereinafter to be referred as the 'Opposite Party No. 1) & Dr. R. K. Agrawal (M.S.) (hereinafter to be referred as the 'Opposite Party No. 2) claiming compensation of Rs.2.00 Crores along with 9% interest for the alleged medical negligence.

(2.) The Complainant Smt. Kanchan Singh - patient during her pregnancy was under observation of Dr. Rekha Singh. On 4/9/2014, Dr. Rekha Singh examined her and called for delivery after 4-5 days. The patient went to Dr. Rekha Singh on 8/9/2014, but she was not available, therefore, on the same day, the patient with her husband approached Dr. R. K. Agrawal (Opposite Party No. 2) and got admitted to Maa Sharda Hospital (Opposite Party No. 1). Before that she also went to Primary Health Centre Saidabad. It was alleged that on the same day, the Opposite Party No. 2, the Director of the Hospital, himself administered anesthesia and performed caesarian delivery. A male baby was delivered at 8.57 pm. Thereafter, the patient went into deep coma, allegedly due to wrong anesthesia and surgery. The same was informed to her husband at the time of shifting from OT to private room. The patient was given electric shock in order to bring her memory back, but to no avail. On next day (9/9/2014), the Complainant paid the hospital charges, but the patient was forcibly discharged by the Opposite Party No. 2 under the garb of referral to higher centres.

(3.) The Opposite Party No. 2 suggested three hospitals in Lucknow namely S.G.P.G.I, K.G.M.C. and Sahara Hospital, but on 9/9/2014, the patient was hospitalized in Preeti Hospital at Allahabad under supervision of Dr. Kartikeya Sharma. There was no improvement in the comatose condition of the patient and she was discharged on 19/10/2014. After the discharge, the patient's husband hired a permanent attendant for her care. It was alleged that the Complainant incurred heavy expenses amounting to Rs.20.00 lakh towards her treatment.