Ruby Hall Clinic, doctor to pay Rs.5 lakh to patient for medical negligence
The forum came to the conclusion that the doctor and the hospital not only wrongly diagnosed the patient, but also gave wrong treatment.pune Updated: Dec 10, 2017 15:56 IST
The District Consumer Dispute Redressal Forum has directed Ruby Hall Clinic to pay Rs.5 lakh and Rs.25,000 as litigation expenses as compensation to a patient’s family for negligence on their part which allegedly led to the patient’s death.
Rajgurunagar resident Dattatraya alias Uday Dnyaneshwar Sandbhor was admitted to the hospital in March 2012 for complaints like bodyache, fever and general disability and was diagnosed with blood cancer. He was treated at the hospital between March 26 to April 2, 2014 and was shifted to other hospitals after taking second opinion.
Sandbhor’s widow Sneha and three children, including a minor moved the consumer forum seeking compensation for the alleged negligence on the part of the hospital.
The complaint was filed against Dr Vijay Ramanan and Ruby Hall Clinic under Section 12 of the Consumer Protection Act , 1986, that due to wrong diagnosis as well as wrong treatment given to the patient by the doctor and hospital, the kidneys, heart and organs of the patient had been adversely affected and the patient was required to take further medical treatment at Sahyadri Speciality Hospital, MJM Hospital, Deenanath Mangeshkar Hospital and Shree Hospital respectively.
The complainant further stated that the family had to face a lot of trauma, mental agony as well as physical and economical loss due to wrong treatment at Ruby Hall Clinic stating that there was nexus between the death of the patient and the treatment given by the hospital.
The forum came to the conclusion that the doctor and the hospital not only wrongly diagnosed the patient, but also gave wrong treatment. The wrong diagnosis not only affected the patient, but also the family members and they had to face trauma and mental agony when they were told that the patient was suffering from cancer. The forum held that the compensation had to be granted on grounds of administrative and medical negligence.
The forum, in its order, asked the hospital to comply with the foregoing order and report compliance within a period of 45 days from the date of receipt of order, failing which the hospital shall also be liable to pay to Sandbhor’s interest at 9% pa on the entirely awarded amount as from the date of expiry of stipulated 45 days till the realisation of the amount by them.
Ruby Hall in its reply stated that the consumer complaint was false and frivolous and deserved to be dismissed. The hospital flatly denied any medical negligence vis a vis deficiency in service and said that the patient was a compulsive alcoholic and there were problems regarding his liver functioning. The hospital also said that it was not responsible to bear medical expenses which were incurred by the patient in various hospitals.