GEETHA Vs. WOCKHARDT HOSPITAL AND HEART INSTITUTE

JUDGEMENT

(1.) Complainant No.1 is the wife and complainant Nos.2 and 3 are the children of one Prakash Chintamani. They have filed this complainant for a direction to the opposite parties (for short "o. Ps") to pay a sum of Rs.19,50,000 as compensation and for other reliefs.

(2.) The case of the complainants is as follows: prakash Chintamani (for short, the "patient") was referred to O. P.-1 Hospital as there were mild changes as found in the E. C. G. Report. Accordingly, the patient approached O. P.-1 Hospital on 1.8.1999. On that day, Dr. Uday Kanolkar examined the patient and advised immediate surgery and fixed the date of operation as 5.8.1999. On that day, the complainant was given to understand that he was required to pay Rs.1,15,000 towards fee as a 'package Deal' and there will not be any change in the total cost of Rs.1,15,000 and that the O. Ps would not charge any extra amount over and above the said package price. Being attracted by the said offer, the patient was admitted to the Hospital on 2.8.1999. On 5.8.1999, the patient was operated upon at about 8.00 a. m. by a team of Doctors headed by Dr. Vivek Javali. The further case of the complainants is that Dr. Vivek Javali after the operation informed the brother of the patient that the surgery was successful. Thereafter, the patient was shifted to ICU. On 7.8.1999 at about 8.00 a. m. , the patient was shifted from ICU to the Ward and the relatives of the patient were advised to give oral food. But the patient had developed severe cough and was not accepting the oral food. On 8.8.1999, the attending Doctors said that the condition of the patient was stable. On 9.8.1999, the condition of the patient became bad. There were no Senior Doctors and Specialists in O. P.-1 Hospital. The said condition continued till the next day. On 10.8.1999, Dr. Kanolkar came to the Hospital at about 10.30 a. m. and said that he had gone to Hyderabad for two days. It is further averred that Dr. Kanolkar examined the patient and directed immediate shifting of the patient from the Ward to the ICU and, accordingly, the patient was shifted to ICU. Since the condition of the patient had become worse, the same was informed to Dr. Vivek Javali who in turn informed that needful would be done. On 13.8.1999, the patient was put on respirator. But, unfortunately, the patient died on 21.8.1999.

(3.) The further case of the complainants is that no Senior Doctor of O. P.-1 Hospital had taken proper post-operative care and this has resulted in taking away the life of the patient. Further, though the complainants were required to pay Rs.1,15,000 towards the fee under the package deal, the O. P.-1 Hospital has charged Rs.2,40,963.80 contrary to the assurance given by O. P.-1 Hospital under the package deal. It is also the case of the complainants that O. P.-1 Hospital did not conduct the necessary pre-operative tests before the operation. On the above said facts the complainants have filed this complaint seeking for a direction to the O. Ps to pay a sum of Rs.19,50,000 as compensation.