A Mumbai doctor and Bombay Hospital, Marine Lines, have been directed to pay Rs 15.5 lakh to a Jaipur couple, after the state consumer forum found them guilty of negligence that led to the death of the couple’s son.
An amount of Rs14.5 lakh is to be paid with 10% interest from the date the complaint was filed, on February 5, 2000. The couple will also get Rs1 lakh as compensation for mental trauma.
The couple’s son, Yogesh Kumar Soni, was discharged from the hospital while his treatment was still on because he had allegedly slapped a nurse. The court held a doctor cannot withdraw his services for any reason when the patient is in a critical condition. If the doctor refuses treatment, he is accused of professional negligence leading to deficiency of services, the commission held.
According to the complainants, their son Yogesh was a constable in the CRPF and was working with the Customs department in Jaipur. A professional wrestler, he was suffering from kidney failure and was advised to go for kidney transplant.
The family came to Bombay Hospital on April 1997, and met Dr AL Kriplani for Yogesh’s treatment. In their complaint, his parents alleged that in December 1997, he was discharged from the hospital allegedly on false grounds, when he was in a very critical condition, which ultimately led to his death on February 8, 1998.
Yogesh left behind his parents, an estranged wife and a daughter.
The doctor and hospital management alleged that while he was under treatment, on December 31, 1997, Yogesh slapped a nurse her when she went to wake him up for his regular treatment.
The family alleged for that two days, they requested the hospital and the doctor to continue Yogesh’s treatment. They even submitted a written plea to the hospital, but it did not budge, after which Yogesh was shifted to Delhi and later to a hospital in Jaipur, where he was declared dead.
The hospital and the doctor contested Yogesh had to be discharged because of his misbehavior with a nurse. They claimed while he was in the hospital, due medical care was given to him.
The commission held the hospital and the doctor failed to prove Yogesh’s misbehavior, as there was no internal enquiry report or FIR recorded about the incident.
“Therefore, the grounds of discharging the patient because of misbehavior are unsustainable and unacceptable,” the commission held.
Noting that Yogesh was married and his family had no other source of income, the commission has asked his parents to furnish an indemnity bond, to share the compensation amount with his wife and daughter.