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UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
B.S. Verma and Veena Sharma, Members
MILITARY HOSPITAL, DEHRADUN - Appellant
Versus
KISHAN SINGH - Respondent
First Appeal No. 52 of 2016, 91 of 2016
Decided on : 07-06-2018
Ashok Dimri, Adv., K.K. Goyal, Adv., Deepak Ahluwalia, Adv.
The burden of proof lies with the complainant to establish medical negligence, and the court emphasized the need for reliable evidence to prove the same.
Headnote:
Medical Negligence - Consumer Protection Act - 1986 - Section 15
Fact of the Case:
The complainant alleged medical negligence and deficiency in service on the part of the opposite parties after his son's death due to excess sugar in his blood. The District Forum allowed the consumer complaint and awarded compensation to the complainant.
Finding of the Court:
The court found that there was no medical negligence or deficiency in service on the part of the hospital or the treating doctors, and the District Forum had wrongly applied the principle of res ipsa loquitur. The court set aside the impugned order and dismissed the consumer complaint.
Issues: Allegation of medical negligence, application of res ipsa loquitur, burden of proof on the complainant
Ratio Decidendi: The burden to prove medical negligence was upon the complainant, and there was no cogent and reliable evidence on record to prove medical negligence on the part of the opposite parties. The court also emphasized the need for the complainant to discharge the burden of proof by producing reliable evidence.
Final Decision: First Appeal No. 52 of 2016 filed by Military Hospital, Dehradun is allowed. Order impugned dated 11.02.2016 passed by the District Forum is set aside and consumer complaint No. 223 of 2009 is dismissed. First Appeal No. 91 of 2016 filed by the complainant for enhancement is dismissed. No order as to costs.
ORDER
B.S. Verma, President - These two appeals, one by the Military Hospital, Dehradun and another by the complainant, under Section 15 of the Consumer Protection Act, 1986 are directed against the order dated 11.02.2016 passed by the District Forum, Dehradun in consumer complaint No. 223 of 2009.
2. Briefly stated the facts giving rise to the appeal are that the complainant Sh. Kishan Singh is a retired Army Personnel. In lieu of the services rendered by him in the Indian Army, he along with his family members are being provided medical facility at Military Hospital, Dehradun. The treatment of Sh. Ajay Singh, the youngest son of the complainant, was going on at Military Hospital, Dehradun. On 16.11.2007, the son of the complainant was medically examined by opposite party No. 3 Lt. Col. (Dr.) Ajay Lamba and opposite party No. 4 Lt. Col. (Dr.) A.K. Rajput at Military Hospital, Dehradun in connection with his disease. It was alleged that the son of the complainant was negligently treated at Military Hospital, Dehradun, on account whereof, the health of the patient deteriorated day-by-day. Since the condition of the patient was very bad and hence he was got admitted in Military Hospital, Dehradun on 29.11.2007, where without getting any necessary tests done, the opposite party Nos. 3 and 4 administered glucose to the patient. Thereafter, the condition of the patient got worsened and the patient breathed his last on 30.11.2007. The complainant came to know that his son has died due to excess sugar in his blood. The opposite party Nos. 3 and 4 administered glucose to the patient without getting his sugar checked. Thus, alleging medical negligence and deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum, Dehradun.
3. The opposite party No. 2 Military Hospital, Dehradun filed written statement before the District Forum and pleaded that the complainant is a Member of Ex-Serviceman Contributory Health Scheme (ECHS) w.e.f. 14.08.2008 and the complainant and his family members are entitled to receive medical facilities to the extent available in the Military Hospital, Dehradun absolutely free of charge; that the son of the complainant had been receiving treatment at ECHS Polyclinic, Dehradun and Military Hospital, Dehradun since long; that as per medical documents submitted by the complainant, his late son was a case of Mental Retardation (MR) and had been suffering from various ailments, for which he had been receiving treatment from ECHS Polyclinic and Military Hospital since 1999 on OPD basis; that on 08.11.2007 and 10.11.2007, the patient was attended by Lt. Col. (Dr.) Ajay Lamba and Lt. Col. (Dr.) A.K. Rajput respectively on OPD basis and was provided treatment for chronic constipation; that on 29.11.2007, the patient was brought to OPD of Military Hospital, Dehradun with history of low grade fever, cough and difficulty in breathing; that the patient was provided preliminary treatment with antibiotic and IV fluids such as Dextrose-Saline (DNS) and subjected to necessary investigations; that receiving blood reports such as blood sugar, the patient was administered IV insulin and IV Normal Saline (NS); that the investigation revealed that the patient had developed Diabetic Ketoacidosis and Pneumonia (left lung); that inspite of administration of appropriate treatment, the condition of patient deteriorated and he succumbed to his illness; that no point of time, patient was administered glucose without checking blood sugar; that the patient was an old case of Mental Retardation and had been suffering from severe emaciation and had undergone treatment for pulmonary tuberculosis in the past and had been suffering from repeated infections; that the patient was managed appropriately in the ICU and that the patient died due to medical complication of his chronic illness and not due to deficiency in service or medical negligence.
4. The opposite party No. 3 Lt. Col. (Dr.)
