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MAHARASHTRA, STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI,
S.M.Shembole, Presiding Member, K.B.Gawali, Member.
Shrikant Sangram Chakure —Complainants
versus
Grant Medical Foundation Ruby Hall
Clinic, & Ors. —Opponents
In Complaint Case No 06 of 2008
Decided on: 5.9.2014
Counsel for the Parties:
For the Complainants:Shri. B.B.Kulkarni Advocate
For the Opponent Nos.2,3,4, & 17:Shri. P.R. Tandale Advocate
For the Opponent No.6:Shri.Ram Shinde Advocate
For the Opponent No. 16:Shri. S.G.Chapalgaonkar Advocate
For the Opponent Nos. 7,8,9,10,12,13:Shri.D.B.Bhange Advocate.
IMPORTANT POINT
Where services are rendered free of charge to everybody, these services do not call within ambit of term “Service” as defined under section 2(1) (o) of C.P.Act.
Headnote:Consumer Protection Act, 1986—Sections 2(1)(d), 2(1)(g) and 2(1)(o)—Medical services—Medical negligence—Tubectomy—Faulty family planning procedure in Camp—Post-operational complications—Death of patient—A Professional may be held liable for negligence on either of two basis i.e. either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise with reasonable competent in given case, skill which he did possess—Complainants have not proved negligence on part of Clinic as alleged in complaint—Besides, where services are rendered free of charge to everybody, these services do not call within ambit of term “Service” as defined under section 2(1) (o)—Complainants are not consumers as defined under section 2 (1) (d) of Consumer Protection Act—Complaint dismissed. (Para 14)
Result: Complaint dismissed.
K.B.Gawali, Member.—This complaint is of medical negligence filed by the complainant Nos. 1 to 4 against the opponents Nos. 1 to 17. The complainant Nos. 1 to 3 are the children and complainant No. 4 is the husband of the deceased Bhima Sangram Chakure
2. The factual aspects of this complaint are that late Hema Sangram Chakure had undergone laparoscopic tubecatonomy operation in the family planning “operation camp” held in Sub. District Hospital, Udgir on behalf of Government of Maharashtra i.e. opponent No. 2 on 09/11/2005 at the hands of Dr. S.S.Bhise ( MBBS DGO ) i.e. opponent No. 6 and Dr.Shashikant Deshpande ( M.S.Lep. Surgeon ) i.e. opponent No. 16. It was alleged that, the said operation was negligently done causing injury to the intestine which further led to multi organ failure. It was contended that, the family planning operation of late Hema Chakure was performed in the early morning i.e. 4 a.m. i.e. on 09/11/2005 and given discharge in the morning of 10/11/2005 without examining her. That, at about 12.00 clock the opponent No. 8 Smt. Dhotre (ANM) along with Smt. Pedewad had been to the house of late Smt.Hema Chakure for enquiry about her health & it was noticed by them that she had vomitting and trouble of Nausea and stomach pain Smt.Dhotre therefore gave her one tablet and told her to intimate any further complaint. However, her trouble of stomach pain and nausea was increased and accordingly she informed the same to Smt. Dhorte on 11/11/2005. Therefore Smt. Dhorte on 12/11/2005 had been to the resident of late Hema Chakure and called for checking at hospital Udgir. That, since there was no facility of sonography, the sonography of late Hema Chakure was done in the private hospital. That, as per report of the said sonography it was observed that there was a serious injury to her intestine. That, the opponent Dr. Bhise and Dr. Sonwane treated her temporary and the said patient was referred to Civil Hospital at Latur for further treatment. That, after giving preliminary treatment the medical officers at Civil Hospital Latur referred her to Ambejogai Government Medical College.
3. Accordingly, on 13/11/2005 late Hema Chakure admitted in the government medical college Ambejogai for treatment and at 10.30 in the morning the first operation was performed thereafter two operations were performed on her at on different dates i.e. 20/11/2005 on 04/12/2005. However, inspite of all these operations and medical treatment given at Government Medical College Ambejogai there was no improvement in her health and therefore she was further referred to Grant Medical Foundation Ruby Hall Clinic, Pune where she was admitted on 24/12/2005. That, in this hospital also three operation were carried on different dates i.e. 09/01/2006, 24/01/2006 and 13/03/2006. However, inspite of all these operations and prescription of different medicines there was no any improvement but rather there was a deterioration in her health condition and finally she died on 07/05/2006 during the treatment.
4. It was contended by the complainant that due to the negligence of opponent Nos. 1 to 16 in giving proper treatment to the late Hema Chakure, she was died on 07/05/2006.
5. It was contended by the complainant No. 4 that initially he had deposited Rs 10,000/- in Ruby Clinic Hall and lateron opponent No. 2 i.e. Government of Maharashtra also deposited Rs 14,00,000/- with the Ruby Hall Clinic for the treatment of late Hema Chakure. That, in addition to this amount the complainant No. 4 had to spent Rs 3,00,000/- while admitting late Hema Chakure in the said hospital. He further submitted that, as per the direction of Dy. Director Health, Latur the District Health Officer Zilla Parishad Latur had made enquiry about the death of late Hema Chakure. That, the District Health Officer submitted his enquiry report on 01/06/2006 which concluded that, the death of Hema Chakure occurred due to the negligent and improper treatment given to her by the opponent Nos.
