Case Law: 30th Sep, 2018

29 September, 2018

 
MANISHBHAI JOSHI v. SHETH P.T. SURT GEN. HOSPITAL & ORS. (National Consumer Disputes Redressal Commission, CC No. 366 of 2014)

ORDER DATED: 9.02.2016
 
FACTS:
The father of the Complainant who was suffering from past bilateral Centrilobulor Emphysemtous in the form of Hyperinflated lung with flattening of lobbes was admitted in the Hospital on 19.11.2012. He was put on ventilator, however, he expired on 21.11.2012. The Complaint was filed before the Commission claiming compensation of Rs. 2 Crores on the ground that the Dr. Sameer (OP No. 2) left for outstation when the deceased was still admitted in the hospital and was under his treatment, without giving instructions to Dr. S.S. Indorwala (OP No. 3), who otherwise was not a qualified specialist in the relevant field.
 
HELD:
The National Commission rejected the complaint for Rs. Two Crores compensation and held that, briefing by main treating doctor to other doctor, in his absence, would be necessary since the symptoms, diagnosis and treatment of the patient of the patient is recorded in the treatment record of the patient kept in the hospital and therefore any suitably qualified doctor attending the patient, in the absence of the previous doctor, would be in a position to advise appropriate treatment and medicines taking into consideration symptoms, conditions and illness of the patient along with the treatment given to him in the past.
It is not as if only a super specialist in chest related disease can treat such a patient. A doctor, who has done Post-Graduation in Medicine, in our opinion, is fully competent to treat the patient. Infact, in almost all the hospitals, Senior Doctors normally retire for the day in the evening/night and it is only Junior Doctor such as Junior Residents and Senior Residents who remain on duty. The consultant is called if necessary, depending upon the condition of the patient. Therefore, there is no negligence on the part of Dr. Sameer in leaving the hospital and the patient being treated by Dr. S.S. Indorwala in his absence.
 

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