IMPORTANT POINT
In case of medical negligence, non-supply of medical records to complainant amount to deficiency of service.

ORDER

Prem Narain, Presiding Member—This revision petition has been filed by the petitioner M/s. Lucknow Hospital against the order dated 22.05.2014 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short ‘the State Commission’) passed in Appeal No.1606 of 2008.

2. Brief facts of the case are that the wife of the respondent No.1 consulted respondent No.2 at the petitioner hospital for stomach bleeding and pain in the vagina. She was operated by respondent No.2 on 26.01.2001 and uterus & cervix were removed in the operation. After sometime, she again developed pain in the stomach and she consulted the petitioner hospital. The petitioner hospital refused to entertain the patient and advised her to go to some specialised hospital for cancer. Wife of the respondent No.1 was taken to some other specialised hospital where it was found that the cancerous part was not fully removed and the remaining cervix was again operated due to spread of cancer which had also affected other parts of the body. The wife of the respondent No.1 filed a consumer complaint before the District Consumer Dispute Redressal Forum-I, Lucknow, (in short ‘the District Forum’) being consumer case No.609 of 2001. During the pendency of the complaint, the complainant died. However, the District Forum allowed the complaint as under:-

“The complaint is allowed the opposite parties are directed to pay the complainant Virendra Singh an amount of Rs.4 lakhs (four lakhs) within a period of two months. The complainant would further get an interest over this amount with effect from 25-08-2001 i.e. the date of filing of this complaint @ of 10% P.A. the complainant will get Rs.2000/- (Two thousand) as cost from opposite parties. The opposite parties are jointly and severally liable to pay the said amounts.”

3. Both the opposite parties filed a joint appeal bearing No.1606 of 2008 before the State Commission. The State Commission, however, vide its order dated 22.05.2014 passed the following order:-

“In the instant case in this regard there is deficiency in service stands proved on the part of the Lucknow Hospital for not providing the Treatment Records to the patients. Non supply of record shall make the hospital liable for payment of compensation and it cannot be taken in consideration for the negligence of Dr. Munshi. Thus, the appeal deserves to be allowed partly in respect to Dr.S. Munshi (Appellant No.2) who is entitled to be absolved from the liability incurred upon him in the impugned judgment and order.

ORDER

The aforesaid appeal of the appellants is allowed partly. The appellant/Dr. S.Munshi is exonerated from the award passed by District Forum-I, Lucknow in complaint case no.609 of 2001.”

4. Hence the present revision petition by the opposite party No.1/petitioner herein.

5. Heard the learned counsel for the petitioner and respondent No.1. None appeared on behalf of respondent no.2 despite notice. Learned counsel for the petitioner stated that the State Commission has not allowed the appeal of the petitioner and has confirmed the deficiency on the part of the petitioner only on the ground that the medical records were not supplied by the petitioner to the complainant. It was stated by the learned counsel that the State Commission has proved deficiency on the basis of the guidelines of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. However, the guidelines state that the medical record will be provided to the complainant on demand. In the present case, there was no demand by the complainant and therefore, there should be no question of supplying the medical treatment documents to the complainant.

6. Learned counsel has further stated that the fact is that the medical papers were already supplied to the complainant as would be clear from reply given in the written statement of the opposite parties in para 6 in response to para 6 of the complaint where the complainant has made allegation that the medical recor