Noida: In a case of medical negligence, the Gautam Buddh Nagar District Consumer Dispute Redressal Commission has directed a Greater Noida based private hospital to pay a compensation of Rs 1 lakh along with the treatment fee to a patient for deficiency in services.
The case was concerning a patient who moved to the hospital with a complaint of kidney stones and sought treatment. However, even after going through the operation at the hospital, the patient allegedly found that the stones were still present.
Aggrieved, the patient approached the commission alleging that he had to face severe mental and physical problems after he sought treatment from the hospital for his kidney stones as the hospital was negligent in providing treatment.
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The petitioner is a resident of Jewar and he approached a private hospital with kidney complications and was detected with stones in the kidney. The doctors operated on him for the removal of the stone in his right kidney in 2018. The doctor convinced him that his operation was successful and he would not face any further problems in the future. However, even after the operation, the pain in the lower abdomen retained. Hence later he got his X-ray done from the same hospital and it revealed that the stones were still present in the right kidney.
The complainant alleged that the doctor did not inform him about the report at that time. A few days later besides the abdomen pain, blood strains also started appearing in his urine and he again approached the hospital where doctors advised him for a stent. He got the stain fixed and was discharged in April 201. He again visited the hospital in May for the removal of the stent. But the very next day the petitioner again had pain in the abdomen and blood stains again appeared in the urine. As per the counsel for the petitioner, he then got his ultrasound done at another private hospital at Jewar. In the ultrasound report, two stones of 11.5mm and 18mm were reported, besides several small stones.
He then again visited the hospital at Greater Noida and showed the ultrasound report. Doctors failed to provide the petitioner with any satisfactory explanation and stated that fresh stones developed and another operation needed to be done to remove these new stones. He was instructed to start arranging money as he would have to pay for operation, tests and medicines afresh. Then the petitioner approached the district consumer commission for redressal. The petitioner submitted that at least 50000 Rs compensation for treatment expenses and 20000 for mental and physical harassment should be paid to him. The commission also gave several notices to the hospital but did not get any response from there.
After securing no proper response from the respondent hospital and considering the submission of the petitioner the commission found a deficiency in service on part of the hospital. The commission ordered the hospital to refund the treatment amount paid, along with 6% interest. Besides, ₹1 lakh towards physical and mental harassment and financial loss, and ₹1,000 towards legal expenses too has to be paid by the hospital to the complainant in 60 days.
To view the judgment, click on the link below:
https://.in/pdf_upload/pdf_upload-145208.pdf