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Medical Negligence? Or Death Compensation?
Death of a person due to negligence of hospital authorities and the family of the patient’s family is seeking compensation of Rs 8,66,272/- under the deficiency of services under the Consumer Protection Act (laws).
1) The father of the Complainant Sri Indra Phukan(patient) was admitted to the respondent’s hospital located in Guwahati. On 26.03.2009 was admitted at 10 am in the morning to the emergency ward, as he was complaining of symptoms of acidity and hic-up for the past two days. It was known that he had a deficiency in Sodium and Potassium levels as can be reflected from his previous tests.
2) On 27.03.2009, the patient was shifted to a Semi-ICU, but, he had started complaining about the lack of proper medical facilities such as the non-availability of nurses at various times. Subsequently, as his condition had improved relatively, he was shifted to a Semi Cabin in the hospital.
3) During the next few days the patient’s condition remained unstable and ultimately, he had to be admitted in the ICU with ventilation on 5.04.2009, on 15.04.2009, the oxygen pipe was removed, and on 17.04.2009 had passed away.
4) A bill amount of Rs 1,84,421/-( one lakh eighty-four thousand four hundred twenty-one) was served to the complainant against the treatment of 23 days of hospitalization.
1) The complainant alleged that the patient had developed a lung infection due to the negligence of the respondents.
2) Due care was not taken regarding the issues of deficiency of Sodium and Potassium levels of the patient.
1) In their counter, the opposite party/respondent has alleged that the medical history of the patient was suppressed. It has come to their knowledge that the patient had a history of pneumonia, anemia, nausea, hypertension, sodium(in the blood), and chronic heart disease and was previously admitted to a hospital in 2007.
2) They have alleged that the deceased patient was also at fault, as, he had ignored the advice of his previous doctor and therefore, to cover their fault and shift the liability upon them, hence, they had come up with a frivolous case, to claim compensation on the ground of medical negligence from them, for no fault of theirs
3) On informing the deceased’s family about the detection of severe electrolyte imbalance (deficiency in Sodium and Potassium levels), their reaction was casual and they had not hospitalized the deceased patient immediately.
1) The Endotracheal tube of the deceased(patient) was removed with the due consent of his son-in-law and In fact, the oxygen saturation(levels) started decreasing. The respondent (hospital authorities) had apprised the attendants about the same but the deceased family refused to put back the Endotracheal tube despite the continuous decline in oxygen levels.
2) Patient had suffered from a cardiac arrest secondary to hypoxia and the patient passed away subsequently at about 5:20 pm on 17.04.2009.
3) no single piece of evidence is found to prove medical negligence and no expert evidence is produced to establish the allegation against hospital authorities.
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