LAWS(NCD)-2005-3-60

KALYANI GENERAL HOSPITAL Vs. E BHUVANESWARI

Decided On March 02, 2005
KALYANI GENERAL HOSPITAL Appellant
V/S
E Bhuvaneswari Respondents

JUDGEMENT

(1.) The complainant's case is that she was admitted as an in-patient in the opposite party hospital on 21.1.1996. She underwent several tests and was discharged. The opposite party confirmed that the complainant had developed T. B. and treated her with strong dosage of medicines and injections. The complainant continued to take those medicines and she developed many health complications. The complainant was taken to Government T. B. hospital after taking necessary tests. The complainant was informed that she had no T. B. Thus, on account of the opposite party's wrong diagnosis, the complainant had suffered mentally and physically. Her matrimonial life was ruined. Hence she filed the complaint.

(2.) The opposite party conceded that the complainant was admitted in their hospital and was treated for intermittent fever. Blood test revealed possibility of typhoid for which she was treated. She was also having Malaria and treatment was given. On examination she was found pregnant by 24 weeks. The X-ray test indicated bilateral apical infiltration and she was treated for T. B. from 26th January but no injection was given and only oral medicines were given. She was not given any strong dosage of medicine or injection for T. B. There is no justification for the complainant to contend that on account of the wrong diagnosis misunderstanding arose in her family. There is no cause of action.

(3.) The lower Forum allowed the complaint and awarded compensation in a sum of Rs.50,000/-. Aggrieved by the same the opposite party has preferred this appeal.