T.RAMA RAO Vs. VIJAY HOSPITAL

JUDGEMENT

(1.) THE appellant/complainant husband lost his case for compensation of Rs. 10,00,000 due to death of his wife on account of medical negligence against the opposite parties/respondents. Feeling aggrieved, he has filed this appeal.

(2.) THE case of the complainant is that his deceased wife Doctor K. Vijayalakshmi was a Medical Officer at the Primary Health Centre, Vanapalli. On 13.7.1991, she lost control of her left side limbs. She was admitted on 14.7.1991 in Madras Medical Mission. Vijay Hospital/opposite party No.1 allegedly appointed Madras Medical Mission a Consultant to treat the deceased. On 15.7.1991, the patient was referred to Dr. Deepak, Neuro -physician. He conducted C.T. Scanning Test. After the test, Dr. K.M. Cherian of Madras Medical Mission declared that it was a medical case and not a surgical one and the patient would be alright within a week under the treatment of the Neuro -physician. But, neither Dr. K.M. Cherian nor anybody else of Vijay Hospital arranged for the services of Neuro -physician till 24.7.1991. When the condition of the complainants wife became very serious, Dr. Deepak attended on her only on 24.7.1991 but could not do anything and the complainants wife died on 26.7.1991 at 6 a.m. for want of proper medical treatment. When the complainants father -in -law and the Consumer Action Group, Madras demanded copies of the case sheets pertaining to the deceased from the opposite parties, it was declined. The complainant claimed a sum of Rs.10,00,000 as loss of income to the complainant in the death of his wife.

(3.) THE case of the opposite party No.1, Vijay Hospital is that they had virtually no concern with the case for the simple reason that deceased was not a patient of Vijay Hospital but of Madras Medical Mission. There was no employer -employees relationship between Vijay Hospital, Madras Medical Mission or any other principal and agent relationship between the Vijay Hospital and the Madras Medical Mission. Vijay Hospital only provided nursing services including all medical facilities in the hospital and it did not treat the patients. It was also one of the conditions of agreement that admission into the hospital was in regard to the treatment provided to the patient and consultants alone would be responsible. As such, Vijay Hospital cannot be held responsible for any negligence, if any, committed by any Doctor of Madras Medical Mission.