The Raigad District Consumer Complaints Redressal Commission has directed a hospital and its two doctors to pay ₹ 15 Lakh to a lawyer. The lawyer was rendered a handicap due to improper treatment and medical negligence.
The complainant, Advocate Ravindra Patil, met with a motor accident on December 3, 2009.
The complainant alleged that the hospital doctors didn’t permit him to meet his relatives and made him apprehensive about his medical condition.
In the complaint, the complainant alleged that he was not given any information about the medical procedure. Advocate Patil submitted that his right leg was injured. He claimed that blood vessels of his left leg were removed and were transferred to the injured leg.
Advocate Patil argued that he was told by the hospital that his leg could not be treated and he could have tried in a different hospital.
On December 14, 2009, his right leg was cut off from the knee. His left leg also seemed infected because of improper surgery.
On December 21, 2009, he was informed that his leg could not be saved. His leg had swollen up and started giving out a peculiar smell.
The complainant tried to get discharged from the hospital but was not allowed and was not given the medical file as he refused to sign a document. In the document, it was claimed to be written that the patient had received proper medical treatment and did not have an infection.
The complainant submitted that despite amputating his right leg and infecting his left leg, the hospital had charged him for medicines worth ₹2 lakh and hospital fees of ₹1.25 lakh.
The complainant has also mentioned that after getting admitted to the JJ Hospital, he received proper treatment and cured his infection in 21 days and the amount charged was only ₹25,000.
The complainant got his medical file only after he wrote to the hospital about initiating legal action.
The complainant, then, approached the consumer commission seeking compensation for the damage that has been caused due to callous attitude and negligence by the doctor and the hospital. Their negligence has rendered the lawyer handicapped permanently.
In addition to the damages, the complainant had also sought a refund of the entire amount he paid with interest.
What Did the Hospital Say?
Opposing his complaint, the hospital stated that he had come to the hospital on his own account. The hospital also submitted that the discharge card from the JJ Hospital didn’t indicate any medical negligence.
The hospital also submitted that CCTV footage of the hospital shows that his relatives were allowed to meet him. It was also submitted that the complainant abruptly sought discharge on January 20, 2010.
The hospital alleged that the amount due from Advocate Patil to the hospital was ₹2.66 lakh and he had paid only ₹1.25 lakh.
It was contended that the complainant had also sought damages of ₹10 lakh from the motor vehicle owner before the Motor Accidents Claims Tribunal, Alibaug.
What DCCRC Found and Ruled?
The Commission noted that the complainant had suffered monetary and physical losses because of medical negligence.
“Complainant is a renowned lawyer. He was also the bread-winner of the family. He has suffered about 60% handicap due to the medical negligence and dereliction of duty of the respondents,” the bench noted.
The Commission directed the respondents to compensate the complainant within 45 days of order.
Failure of the same would accrue interest on the amount at the rate of 12% per annum from the date the complaint is made till payment is made, the Commission said.