J.N. MEHRA Vs. APOLLO HOSPITAL, HYDERABAD

JUDGEMENT

(1.) Present complaint has been preferred on behalf of complainant J.N. Mehra alleging negligence on the part of the opposite parties in providing requisite services during treatment as an indoor patient in the hospital and seeks payment of Rs.2,42,58,977.00 with interest @ 24% p.a. (i.e.Rs.2,40,00,000.00 towards compensation and Rs.2,58,977.00 towards reimbursement of medical charges paid to opposite parties). During the course of proceedings, complainant expired on 20/1/2023, whereupon his daughter Gayatri Rawal has been substituted on record, being the legal heir of the deceased.

(2.) In brief, complainant J.N. Mehra aged about 90 years suffered some injuries due to fall in the bathroom and was taken by his daughter Gayatri Rawal to Apollo Hospital at Jubilee Hills, Hyderabad (opposite party No.1) for treatment on 3/4/2017. Complainant was advised for admission of five days for treatment of bacterial infection and for observation. It is further the case of complainant that at the time of admission, complainant and his daughter were assured of round-the clock monitoring and care at the hospital. However, during the course of treatment, complainant suffered a fall from the hospital bed on 5/4/2017 about 5.30 a.m., when none of the hospital staff was present. Consequently, complainant suffered injury on the occipital region, which is attributed to have been caused due to negligence of opposite party in providing the necessary care and support services. The lacerated wound was sutured and complainant was, thereafter, also shifted to Advance Critical Unit in the hospital wherein he remained admitted for about 06 days and was finally discharged from the hospital on 12/4/2017.

(3.) As per the complaint, complainant was in a bad shape at the time of discharge from the Hospital and was advised to receive oxygen at home. An amount of Rs.2,58,977.00 with a discount of 22,463/- was also paid by the complainant to the Hospital towards treatment undertaken under protest. It is further the case of complainant that after the discharge from the hospital, condition of complainant deteriorated day by-day and was on support of oxygen. It is pointed out that complainant was in a better shape prior to admission at Apollo Hospital. In the aforesaid background, complainant preferred the present complaint seeking compensation of Rs.2,42,58,977.00 with interest @ 24% p.a.