Date of filing:05.01.2021
Date of Disposal:13.01.2023
BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.
DATED THIS THE 13th DAY OF JANUARY, 2023
CONSUMER COMPLAINT NO.12/2021
PRESENT:
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SRI.RAJU K.S,
SMT.REKHA SAYANNAVAR:MEMBER
Sri Rajanna
S/o Late Thirumalaiah
R/at No.40/1, 3rd Cross
Hesaraghatta Main Road
Opp. Vinayaka Maruthi Temple
(Sri C.Krishnegowda Adv. For Complainant)
The Hospital Authority
Sapthagiri Hospital,
No.15, Chikkasandra
Hesaraghatta Main Road
Bengaluru 560 090
Rep. by its Authorized person. …OPPOSITE PARTY
(Opposite party: Exparte)
*****
//JUDGEMENT//
BY SMT.REKHA SAYANNAVAR, MEMBER
The present complaint is filed under Section 35 of Consumer Protection Act 2019 with a prayer to direct the Opposite party to pay a compensation of Rs.20,00,000/- towards mental agony and financial hardship and further direct to pay an amount of Rs.2,00,000/- as damages with interest @ 18% per annum from the date i.e. 22.08.2020 till realization and to award an amount of Rs.50,000/- as litigation expenses and to grant such other reliefs as this commission may feel fit in the interest of justice and equity.
2. Brief facts of the complaint is that the complainant was admitted to Opposite party hospital with history of development of abnormal movements of both upper and lower limbs and with a history of frothing from the mouth around 5.30 pm on 22.08.2020. On 9th day of his treatment he was shifted to ICU and on 10th day the complainant was advised to get air bed and later advised to provide the water bed. As per the instruction of the Opposite party hospital authority water bed was provided. It was noticed by the attenders of the complainant that inspite of supplying the water bed the treating team of the Opposite party hospital did not shift the complainant from the water bed. On the next day, the complainant was shifted over water bed. At that time the complainant has affected by bed sore and the same was noticed by the treating team of the Opposite party and attenders of the complainant. Immediately the complainant was shifted to emergency normal ward for couple of days. Further the treating team of the Opposite party told the patient i.e., the complainant fit for treatment in normal ward. Since it was the period of COVID Pandemic, there was high in number of patients and the Opposite party hospital have got less staff and advised the complainant for discharge from the hospital without giving proper treatment and instruction to the complainant for the bed sore. On final diagnosis in the discharge summary of the complainant the Opposite party hospital mentioned that “CEREBRAL VENUS THROMBOSIS, SUBARACHONID HEMORRHAGE WITH RIGHT SIDED HEMIPLEGIA NOSCOMIAL INFECTION SEPSIS WITH MODS ASPIRATION PNEUMONITITS HYPERTENSION BED SCORE GRADE 3” . The complainant was discharged on 12.09.2020 and the bill was charged for Rs.3,50,000/-.
3. Further it was noticed by the family members and the complainant even after discharging from the Opposite party hospital that the complainant started to get bleeding from the bed sore at wounded parts of the body. Thereafter the complainant was shifted to people tree hospital for further treatment at Guraguntepalya and on 12.09.2020, it was diagnosed that the wound has progressed from “bed sore grade III to bed sore grade IV and advised to conduct surgery. The same surgery was conducted immediately in the ICU of the People Tree hospital on 03.10.2020. The complainant was treated there from 19.09.2020 to 01.10.2020 and advised to go for vacuumed dressing and for every five days said dressing has to be changed by hiring a nurse and continue the treatment with vacuumed dressing and other medications and also recommended for Grafting and Flapping surgery. The same was conducted on 04.11.2020. Further the complainant was advised to stay in the hospital as inpatient and also advised to come up for follow-up treatment for stipulated time. For the said treatment the complainant was charged an amount of Rs.6,50,000/-.
4. The complainant submits that it is the duty of the Op hospital to provide essential medical treatment for the bed sore caused to him. The Opposite party failed to diagnose the same. It shows its negligence and failure of his out most duty with care in treating the patient. Such negligent act resulted the bed sore stage IV severe wound caused to the complainant. Further the complainant submits that it is a clear act of negligence and deficiency of service on the part of the Opposite party. Hence the Opposite party is liable to pay compensation. The complainant got issued legal notice on 07.11.2020. The Opposite party has sent their untenable reply on 27.11.2020 and denied all the averments made by the complainant. In the reply the Opposite party admitted the facts that complainant admitted to Opposite party hospital and suffered from Grade III bed sore and also treated by the Opposite party and there is not deficiency of service on the part of the Opposite party. Therefore, the complainant approached this commission for the redressal of his grievances under the Consumer Protection Act 2019 for the deficiency of service of the Opposite party. Hence this complaint.
5. The notice of this complaint was duly served upon the OP. It remained absent placed exparte.
6. The counsel for the complainant filed an affidavit in the form of his evidence in chief. Ex P1 to P10 marked.
7. Counsel for the complainant filed written arguments.
8. Heard the arguments.
9. On the basis of the pleading and documents, the points that would arise for consideration are as under:
i) Whether the complainant proved the deficiency of service on the part of the opposite party?
ii) Whether the complainant is entitled for the reliefs as sought in the complaint?
iii) What order?
10. Our findings on the aforesaid points are as follows:
Point No.1: In affirmative.
Point No.2 : In affirmative.
Point No.3 : As per the final order for the following;
REASONS
POINT NO.1:-
11. PW-1 had reiterated the facts of the complaint. On perusal of Ex. P1 to P10 it appears that the complainant had admitted to Opposite party hospital and treated in ICU for “CEREBRAL VENUS THROMBOSIS, SUBARACHONID HEMORRHAGE WITH RIGHT SIDED HEMIPLEGIA NOSCOMIAL INFECTION SEPSIS WITH MODS ASPIRATION PNEUMONITITS HYPERTENSION BED SORE GRADE 3”. On the 10th day of his treatment the treating doctor had advised for water bed to the complainant. The treating staff of the Opposite party did not follow the proper course of medical treatment, medical attendance and care required for the treatment of complainant and also not listened and responded to the repeated requests of the attenders of the complainant. Due to the negligent acts of the Opposite party the complainant got bed sore Grade III which required proper treatment, but the Opposite party treating staff completely neglected and discharged the complainant without treating him completely. On perusal of Ex P6 i.e. discharge summary of Opposite party in the column of “Final Diagnosis” “CEREBRAL VENOUS THROMBOSIS, SUBARACHONID HEMORRHAGE WITH RIGHT SIDED HEMIPLEGIA NOSCOMIAL INFECTION SEPSIS WITH MODS ASPIRATION PNEUMONITITS HYPERTENSION BED SORE GRADE 3”
It is clearly mentioned at the time of the discharge of the complainant, that the complainant had Bed Sore Grade-3.
This commission has also perused Ex.P8 i.e the discharge summary of People Tree Hospital where the complainant was admitted and taken the following treatment.
“Mr. Rajanna 58 years old male present admitted with history of bed sore since one month. Past History of CVA right sided hemiplegia.
History of SAH one month back on conservative management
History of Aspiration pneumonia – one month back admitted at ICU in Saptagiri Hospital
Presently patient admitted for “Bed sore – Grade 4 care”.
COURSE IN HOSPITALS
Mr.Rajanna 58 Yrs old male presented with above mentioned complaints. On admission patient Oxygen was low and started 2 to 3 litters oxygen. Pulmonologist opinion was taken. HRCT Thorax was done (report attached). Throat swab for COVID 19 RTPCR was Negative. CBC, CRP were raised. Patient was treated with antibiotics (piptaz), and other supportive measures. Patient was monitored continuously. Patient was stabilised, after PAC and taking informed consent for patient family, patient was taken up for WOUND DEBRIDEMENT and NPWT, patient had bleeding form sacral bed – Exploration done, Bleeding controlled and haemostasis achieved.
Patient was given 2 pints FFP and 1 pint PRBC was transfused.
Patient oxygen was weaned off. Patient maintaining saturation 96% at room air.
Patient foley’s catheterisation was done and urine output was monitored
Wound dressing was done regularly and VAC was applied.
At present, patient is being discharged with following advice. Patient is sent with Foley’s catheter in situ.
Patient is advised to strict HOME- QUARANTINE for next 7 days.”
12. It is clearly mentioned in the above discharge summary of the People Tree Hospital that the complainant was suffering from Bed Sore Grade 4. All these facts mentioned and discussed above clearly shows that the complainant was made to suffer from the Bed Sore due to the negligent act of the Opposite party. And also the complainant had gone through the deep mental agony, physical pain and financial hardship. Hence we answer Point No.1 in affirmative.
POINT NO.2:
13. The complainant claimed compensation of Rs.20,00,000/- and damages of Rs.2,00,000/- and also Rs.50,000/- towards legal expenses. The complainant in support his claim has produced the payment receipts of medical expenditures incurred at Opposite party hospital for a sum of Rs.2,48,046/- (Ex P7) and later he took the treatment at Peoples Tree Hospital where he spent the medical expenses of Rs.1,85,729.85/- (Ex P8) for bed sore Grade 4 which caused due to the negligent acts of the Opposite party which falls under the definition of Section 2(11) of Consumer Protection Act, 2019 which reads as;
(11) “deficiency” means any fault, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes –
(i) any act or negligence or omission or commission by such person which causes loss or injury to the consumer, and
(ii) deliberate withholding of relevant information by such person to the consumer.”
14. Hence we consider that the complainant is entitle for the damages caused to him made him suffer from Grade III Bed sore which developed into Grade IV Bed sore and had made him to undergo surgery. All these caused him extra medical bill, physical pain and suffering and also made him suffer financial hardship for Rs.3,00,000/- with interest at 9% per annum from the date of surgery on 03.10.2020. In addition the complainant is also entitle for the compensation of Rs.20,000/-. Further the complainant is entitle for Rs.10,000/- towards litigation expenses. Hence, we answer Point No.2 in Affirmative.
15. POINT NO.3:- In view of the discussion made above, we proceed to pass the following;
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The complaint is allowed in part.
The Opposite Party to pay extra medical bill for Rs.3,00,000/- to the complainant with interest @ 9% per annum from the date of surgery at People Tree Hospital i.e. on 03.10.2020 till realization.
Further the opposite party is directed to pay the compensation of Rs.20,000/- to the complainant and Rs.10,000/- towards litigation cost.
The opposite party shall comply the order within 30 days. In case, if it fails to comply the order within the said period, the above said amount carries interest at the rate of 9% p.a. from the date of order till realization.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 13th day of January, 2023)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
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//ANNEXURE//
Witness examined for the complainant side:
- Rajanna, the complainant (PW-1)has filed his affidavit.
Documents marked for the complainant side:
1: Copy of the medical final bill of People Tree Hospital dt.07.11.2020.
2: Copy of the Discharge summary of People Tree Hospital dt. 01.10.2020.
3: Copy of discharge summary of People Tree Hospital dt.07.11.2020.
4: Copy of retirement order bearing No.152/18-19 dt.13.04.2019 of KSRTC.
5: Copy of the Provisional bill of People Tree Hospital.
6: Copy of discharge summary of Sapthagiri Hospital dt.12.09.2020
7: Copy of final bill of Sapthagiri Hospital.
8: Copy of estimation letter of People Tree hospital.
9: Copy of the legal notice dt.07.11.2020.
10: Postal tracing details.
11: Copy of the reply notice dt:27.11.2020 along with cover.
Witness examined for the Opposite Party side:
RW1: - Nil -
Documents marked for the Opposite Party side:
- Nil -
(REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
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