The Patient took discharge against the advice of Drs – No Negligence on Part of Drs and saved Drs from Rs.99,99,999/- !!

In A recent judgment of National commission, V.P. SINGH V/s. DR. M.P. CHANDRAKAR & 7 ANR, the Commission Dismissed the Complaint claiming damages 1 rupee short to Rs. 1 Crore.

Facts narrated by Complainant in short :

1. Mr. Anand Prakash ( deceased “patient”), son of the Complainant was admitted in as he was suffering from advanced liver cirrhosis. The Doctor made some unpleasant remarks and advised for liver transplant to the patient. The Complainant being dissatisfied by the services Chandulal Memorial Hospital, Bhilai, Durg, he shifted the patient to JOSHI HOSPITAL, PUNE by Air Ambulance.

2. The bilirubin was 43.06. The patient died to stomach infection. The Leading gastroenterologist from Pune, Dr. Parimal Lawate told that stomach infection was either due to infected water or highly infected previous hospital condition. Hence the Complaint for Rs.99,99,999/-, which was dismissed by State Commission and hence the Appeal.

Held :

1. The National Commission dismissed the Complaint and relied upon observations of the State Commission. It was observed that :

Overall the patient had very advanced liver disease with multiple complications and was in serious condition. The Hospital at Bhilai has given him adequate care..

2. Therefore, on the basis of , medical records etc. we are of considered view that, patient was suffering from advanced liver cirrhosis, and he was in liver failure, thus it was a fatal condition. Also, there is nothing on record to prove that Dr. H. C. Sharma made a very unpleasant remark and advised for liver transplant.

3. The National Commission appreciated the treatment given by both the Hospitals, the Chandulal Memorial Hospital and Joshi Hospital, to the patient of liver failure with the best possible available mode. There were no any lapses or shortcomings in the treatment given by Drs and hence rejected the claim of Rs.99,99,999/-

Yet again, Proper documentation and proper treatment saved Drs from paying such a hefty compensation. As CPA is a social legislation, the litigant is not required to pay Court Fees Stamp as in other civil cases he/she would require to do so. Some day or the other the Govt. will require to pay attention on the point of fraudulent litigation and compensation to other side..

Thanks & Regds,

Adv. Rohit Erande


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