Ram Nath Patel, aged about 63 years, S/o Late Mr. Jhurrelal Patel, R/o Opposite CBI office, In front of IDBI Bank, Vijay Nagar, Jabalpur – 482 002 (Madhya Pradesh) Airtel : 7223989840

BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DISTRICT – JABALPUR (MADHYA PRADESH)

Block No.15-K, Scheme No. 18, Civic Centre, Jabalpur-482 001

Phone : 0761-231 0636/232 4891

IN RE:

COMPLAINT CASE NO.                     OF 2019

IN THE MATTER OF 

Ram Nath Patel,

Aged about 63 years,

S/o Late Mr. Jhurrelal Patel,

R/o Opposite CBI office,

In front of IDBI Bank, Vijay Nagar,

Jabalpur – 482 002 (Madhya Pradesh)

Airtel : 7223989840     ……………….               COMPLAINANT

VERSUS

1.   Laxmi Narayan Hospital,

1125, Madan Mahal, Nagpur Road,

Jabalpur – 482 002 (Madhya Pradesh)

Phone : 0761- 249 2725/ 407 6386

2.   Dr. Mukesh Khandare,

(M.D. Pathology from IMS-BHU Varanasi,

S.R. Ship from IMS-BHU Varanasi),

Consultant HematoPathologist & Surgical Pathologist,

Assistant Professor,

Netaji Subhash Chandra Bose (N.S.C.B.) Medical College,

Jabalpur – 482 003 (Madhya Pradesh).

Docomo : 8962267677/ Idea : 7770920228

E-mail : dr.muktesh786@gmail.com

…………     OPPOSITE PARTIES

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986

RESPECTFULLY SHOWETH:

(1) INTRODUCTION

1.   Sometimes unbearable pain fails to canvas through the pen. This case involves a chequered history.

"Sharire Jharjharibhute Vyadhigraste Kalevare |

Aushadham Jahnavitoyam Vaidyo Narayano Harih ||"

This shloka avows that ''if the body (sharira) suffers from a disease, medicine is like the ''sacred water'' of the Ganga and the Physician/doctor is ''Narayana'' himself''. Thus, the people of India believe that a doctor (vaidyudu) is God (Narayana).

'' Carelessness amounting to the culpable breach of a duty: failure to do something that a reasonable man (i.e. an average responsible citizen) would do, or doing something that a reasonable man would not do. In cases of professional negligence, involving some one with a special skill, that person is expected to show the skill of an average member of his profession .''

2.   Complainant is a retired Government Servant having been retired after attaining the age of superannuation at the age of 58 years from the post of Divisional Accountant in the year 2012 from Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Ltd. (Wholly Owned by Government of Madhya Pradesh), Rampur, Jabalpur.

(2) TRANSACTION

3.   Complainant had suffering from pain in abdomen, problem in passing clear motion, & not felt hungry since August. 2018. For that complainant had to take medical assistance of various doctors Dr. Mukesh Shrivastava, as well Dr. Pankaj Kumar Asati, MD, DM, Consultant Gastroenterologists, Gastro Clinic, Beside Income Tax Office, Opposite Hotel Maruti Inn, Maharshi Dayanand Saraswati Chowk, Jabalpur -482 001, (Madhya Pradesh), Idea : 9926870088/ BSNL : 9454235574 Email ID‎: ‎drpankajasati88@gmail.com. Dr. Asati took a decision to undergo a clinical diagnosis termed as colonoscopy in the month of December, 2018. It was then carried out and sent biopsy for Histopathology report to Opposite Party No. 1.

4.   Opposite Party No. 2 Dr. Mukesh Khandare (M.D. Pathology from IMS-BHU Varanasi, S.R. Ship from IMS-BHU Varanasi) working as Assistant Professor in Netaji Subhash Chandra Bose Medical College, Jabalpur claiming himself to be the expert field in Surgical pathology, Neuropathology, Dermatopathology, Renal Biopsy, Cytopathology, Hematopathology and Immunopathology reporting. Opposite Parties No. 2 is working with Opposite Party No. 1.

5.   A Histopathology report dated 05.12.2018 was generated by Opposite Parties on clear finding that complainant was suffering with “Chronic Granulomatous Colitis – more towards Tubercular Colitis” under Patient ID LNH-624/2018. The treating doctor so also other consultants Dr. Meena Jain, Royal Hospital, Jabalpur then advised on 08.12.2018 on the strength this report to rush immediately to Bombay Hospital, Mumbai for better management of Tubercular Colitis. Then complainant had no choice but to move to Mumbai on 10.12.2018. He reached Mumbai on 11.12.2018 through train accompanying his wife and Son –in-law Mr. Mukesh Patel, as Attendant. The Doctors of Bombay Hospital, Mumbai was pleased to kind enough in admitting complainant as an indoor patient immediately on his arrival in Mumbai on 11.12.2018 under the able care of Dr. Sujata N. Mehta. Dr. Mehta demanded Slide on the basis of which the Histopathology report dated 05.12.2018 was generated by Opposite Parties. On 12.12.2018, elder brother of complainant’s son –in law (Mr. Rajesh Patel) approached Opposite Parties for delivery of slide as per the instructions given by Dr. Mehta of Bombay Hospital, Mumbai. Opposite Parties gave false information on the pretext that the same would be given after 3 days as the same is at Bhopal (Madhya Pradesh). The same was supplied to Mr. Rajesh Patel on 15.12.2018 at 08 : 00 PM. It was a Saturday and by the time Mr. Rajesh Patel approached the Courier service the same was closed. Following day the courier services were closed on account of Sunday. The same was then sent through the Blue Dart Courier, Jabalpur on 17.12.2018 and shipped to Dr. Sujata N. Mehta of Bombay Hospital, Mumbai. It was reached at Mumbai on 19.12.2018. At the moment when slide was delivered to Dr. Mehta Opposite Parties made a telephonic conversation alarming that the slides of any other patient was inadvertently sent to Mumbai, meaning thereby is, a wrong slide was sent to Mumbai.   The Correct slide of complainant was provided by Opposite Parties on 19.12.2018 to Mr. Rajesh Patel at Jabalpur, who immediately rushed to Mumbai through train reaching Mumbai on 20.12.2018. On careful examination of the correct slide of complainant Bombay Hospital, Mumbai found that complainant is suffering from “amoebic colitis” which is far way from “Chronic Granulomatous Colitis – more towards Tubercular Colitis”. Complainant had discharged from Bombay Hospital, Mumbai on following day i.e 22.12.2018.

6.   Across the country, concern over the mushrooming of clinics that function without professional experts or adequate equipment is mounting. Because of the lack of formal regulations and a watchdog, a thriving baby-making industry has developed. To many, such clinics are easy money-making propositions. To be sure, scores of clinics are run by qualified medical practitioners who have turned many a childless couple into happy parents. But the problems arise when fly-by-night clinics start to attract footfalls. Drug overdose, injury to blood vessels, excessive stimulation of the ovaries, water and electrolytes imbalance and deviation from the known principle are some of the major causes of injury in patient. There may be lack of evidence against these clinics because they try to manipulate their unethical actions. We also don't have a proper regulatory mechanism to monitor their activities. That apart, there is a lack of a strong protest, by social and health activists, against clinics involved in unethical practices. Complainant relies on and file following documents as per list. Complainants will rely on and file more documents as and when necessary :

S. No.	Dated	Description of documents
1.	05.12.2018	Colonoscopy report dated 05.12.2018 conducted by Dr. Pankaj Kumar Asati, MD, DM, Consultant Gastroenterologists, Gastro Clinic, Beside Income Tax Office, Opposite Hotel Maruti Inn, Maharshi Dayanand Saraswati Chowk, Jabalpur -482 001, (Madhya Pradesh), Idea : 9926870088/ BSNL : 9454235574 Email ID‎: ‎drpankajasati88@gmail.com Vide Annexure C-1.
2.	05.12.2018	A Histopathology report dated 05.12.2018 was generated by Opposite Parties on clear finding that complainant was suffering with “Chronic Granulomatous Colitis – more towards Tubercular Colitis” under Patient ID LNH-624/201 Vide Annexure C-2.
3.	11.12.2018	Prescription dated 11.12.2018 issued by Dr. Sujata N. Mehta, MD (Medicine), DNB (Medicine), MNMAS, IDCC, IFCC, DNB (Critical Care), Fellowship in Critical Care Medicine (MNH, Germany), Consultant Physician & Critical Care Specialist of Bombay Hospital & Medical Research Centre, 12, New Marine Lines, Mumbai 400 020, Airtel : 9004675375, E-mail : drsujatamehta@yahoo.co.in directing “to get slides from hometown to review from our Pathology” Vide Annexure C-3.
4.	11.12.2018	ECG report dated 11.12.2018 at 18:16:33 Hrs issued by Bombay Hospital Trust Vide Annexure C-4.
5.	11.12.2018	Eridocytes Sedimentation Rate (ESR) Test report dated 11.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-5.
6.	11.12.2018	Activated Partial Thrombo Time (APTT) Test report dated 11.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-6.
7.	11.12.2018	Examination of stool Test report dated 11.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-7.
8.	11.12.2018	Examination of Urine Test report dated 11.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-8.
9.	11.12.2018	Complete Blood Count Test report dated 11.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-9.
10.	11.12.2018	Free T-4 & TSH Test report dated 11.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-10.
11.	11.12.2018	Sodium, Potassium & Chloride Test report dated 11.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-11.
12.	11.12.2018	Albumin Test report dated 11.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-12.
13.	11.12.2018	“C” Reactive Proteins Quantities Test report dated 11.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-13.
14.	11.12.2018	Random Sugar Urine Examination Test report dated 11.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-14.
15.	11.12.2018	Hepatitis “B” Virus Surface Antigen (HbAg) Test report dated 11.12.2018 issued by Dr. Maya Parihar - Malhotra, MD, DPB, Pathologist & In-charge, Blood Bank of Bombay Hospital Trust Vide Annexure C-15.
16.	11.12.2018	Antibodies to Human Immunodeficiency Virus (HIV)  Test report dated 11.12.2018 issued by Dr. Maya Parihar - Malhotra, MD, DPB, Pathologist & In-charge, Blood Bank of Bombay Hospital Trust Vide Annexure C-16.
17.	12.12.2018	Complete Blood Count report dated 12.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-17.
18.	14.12.2018	Culture Examination of Biopsy report dated 14.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-18.
19.	12.12.2018	Micro TB Culture Report dated 12.12.2018 issued by Dr. Challapilla Meera, Consultant Microbiologist, of P. D. Hinduja National Hospital & Medical Research Centre, (Established and Managed by the National Health & Education Society), Veer Swarkar Marg, Mahim, Mumbai – 400 016 Vide Annexure C-19.
20.	12.12.2018	Ultra Sonography report dated 12.12.2018 at !0: 07: 25 AM issued by Bombay Hospital Trust Vide Annexure C-20.
21.	12.12.2018	Non Invasive Cardiology report dated 12.12.2018 issued by Bombay Hospital Trust Vide Annexure C-21.
22.	12.12.2018	Report dated 12.12.2018 issued by Dr. Ameet Mandot, MD, DNB, Hon. Gastroentologist, of Bombay Hospital Trust Vide Annexure C-22.
23.	12.12.2018	Echo Cardiogram & Colour Doppler/ Stress test report dated 12.12.2018 issued by Dr. Moh’d Taufiq Baksh, MD, PGDCC (Cardiology), Associate Consultant of Bombay Hospital Trust Vide Annexure C-23.
24.	12.12.2018	Report dated 12.12.2018 issued by Dr. Girish A. Mazmudar, MD, Hon. Associate Histopathologist, of Bombay Hospital Trust Vide Annexure C-24.
25.	12.12.2018	Vitamin B12 Test report dated 12.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-25.
26.	12.12.2018	Interim Bill dated 12.12.2018 issued by Bombay Hospital Trust amounting to Rs.95,695/- Vide Annexure C-26.
27.	12.12.2018	Createnine & Potassium Test report dated 12.12.2018 issued by Dr. Pushkar Gulati, MD (Pathology), of Bombay Hospital Trust Vide Annexure C-27.
28.	13.12.2018	Biopsy report dated 13.12.2018 issued by Bombay Hospital Trust Vide Annexure C-28.
29.	13.12.2018	Complete Blood Count report dated 13.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-29.
30.	13.12.2018	Magnesium Test report dated 13.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-30.
31.	13.12.2018	GENE XPERT MTB RIF Test report dated 13.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-31.
32.	14.12.2018	Clostridium Difficile GDH+ ToxA+ ToxB Test (by Qualitative Immunochromatography Assay) report dated 14.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-32.
33.	14.12.2018	Culture Examination of Biopsy report dated 14.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-33.
34.	14.12.2018	Complete Blood Count report dated 14.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-34.
35.	14.12.2018	Panel Inventory Lab report dated 14.12.2018 issued by Dr. (Mrs.) Asmita S. Sakle, M. D. (Microbiology) In charge Microbiology, Bombay Hospital Trust Vide Annexure C-35.
36.	15.12.2018	Interim Bill dated 15.12.2018 issued by Bombay Hospital Trust amounting to Rs.71,124/- Vide Annexure C-36.
37.	17.12.2018	Blue Dart courier Docket No. 15586143296 and its Cash Memo Vide Annexure C-37.
38.	18.12.2018	Complete Blood Count report dated 18.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-38.
39.	19.12.2018	Complete Blood Count report dated 19.12.2018 issued by Dr. (Mrs.) Neena G. Desai, MD (Pathology & Bact.), Deputy Chief Pathologist of Bombay Hospital Trust Vide Annexure C-39.
40.	19.12.2018	Money Receipt issued dated 19.12.2018 by Dr. Vijay M. Gandhi, MBBS, FCGP, MRSH (London), of Metropolis Laboratory, amounting to Rs.2,900/- on account of Fecal Cal Protection Vide Annexure C-40.
41.	19.12.2018	Fecal Cal Protection Test Report dated 19.12.2018 by Dr. Vijay M. Gandhi, MBBS, FCGP, MRSH (London), of Metropolis Laboratory, Mumbai Vide Annexure C-41.
42.	19.12.2018	Magnesium Test report dated 19.12.2018 issued by Surgeon Caption Dr. M. K. Gupta (Retired), MD, DCP, of Bombay Hospital Trust Vide Annexure C-42.
43.	19.12.2018	Createnine & Potassium Test report dated 19.12.2018 issued by Dr. Pushkar Gulati, MD (Pathology), of Bombay Hospital Trust Vide Annexure C-43.
44.	20.12.2018	Complete Blood Count report dated 20.12.2018 issued by Bombay Hospital Trust Vide Annexure C-44.
45.	21.12.2018	Final Bill dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.32,088/- Vide Annexure C-45.
46.	21.12.2018	Money Receipt dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.50,000/- Vide Annexure C-46.
47.	21.12.2018	Money Receipt dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.1,29,000/- Vide Annexure C-47.
48.	21.12.2018	Money Receipt dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.70,000/- Vide Annexure C-48.
49.	21.12.2018	Discharge Summery dated 21.12.2018 issued by Bombay Hospital Trust Vide Annexure C-49.
50.	22.12.2018	Money Receipt and ATM payment slip dated 22.12.2018 issued by Bombay Hospital Trust amounting to Rs.12,600/- Vide Annexure C-50.
51.	22.12.2018	Request letter for Railway dated 22.12.2018 issued by Bombay Hospital Trust Vide Annexure C-51.
52.	22.12.2018	Return ticket dated 22.12.2018 issued by Railway Authorities Vide Annexure C-52.
53.	21.12.2018	Bill Details dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.2,61,714/- Vide Annexure C-53.
54.	02.01.2019	Micro TB Culture Report dated 12.12.2018 issued by Dr. Challapilla Meera, Consultant Microbiologist, of P. D. Hinduja National Hospital & Medical Research Centre, (Established and Managed by the National Health & Education Society), Veer Swarkar Marg, Mahim, Mumbai – 400 016 Vide Annexure C-54.
55.	04.01.2019	Complainant sent registered legal notice dated 04.01.2019 Vide Postal Receipt No. RI504465944IN AND RI504465958IN respectively through his Counsel to opposite parties to Pay compensation for financial loss/ injury/interest suffered due to your negligence Rs. 15,00,000/-, in the sum of Rs. 15,00,000/- with interest @12% per annum within 30 days of the receipt of the notice failing which he shall be constrained to initiate against opposite parties for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at their own risk, cost, responsibility and consequences which please note Vide Annexure C-55.
56.	04.01.2019	Vide Postal Receipt No. RI504465944IN AND RI504465958IN Vide Annexure C-56.
57.	05.01.2019	The same was duly served upon to both the opposite parties on 05.01.2019 Vide Annexure C-57.
58.	08.01.2019	Private consultation Receipt dated 08.01.2019 issued by Bombay Hospital Trust amounting to Rs. 2,000/- Vide Annexure C-58.
59.	08.01.2019	Prescription dated 08.01.2019 on a follow up having mild abdomen discomfort issued by Dr. Ameet Mandot, MD, DNB, Hon. Gastroentologist, of Bombay Hospital Trust Vide Annexure C-59.
60.	08.01.2019	Money Receipt issued dated 08.01.2019 by Dr. Vijay M. Gandhi, MBBS, FCGP, MRSH (London), of Metropolis Laboratory, amounting to Rs.1,680/- on account of CBC, SGPT, SGOT, Stool & Urine Test Report Vide Annexure C-60.
61.	08.01.2019	Medical Laboratory Report dated 08.01.2019 issued by Dr. Sanjay Gohil, MD, Pathologist, Royal Clinic Lab, 3, Jasville, 9, New Marine Lines, Opposite Liberty Cinema, Near Bombay Hospital, Dhobitalaow, Mumbai CBC, SGPT, SGOT, Stool & Urine Test Report Vide Annexure C-61.
62.	08.01.2019	Prescription dated 08.01.2019 issued by Dr. Sujata N. Mehta, MD (Medicine), DNB (Medicine), MNMAS, IDCC, IFCC, DNB (Critical Care), Fellowship in Critical Care Medicine (MNH, Germany), Consultant Physician & Critical Care Specialist of Bombay Hospital & Medical Research Centre, 12, New Marine Lines, Mumbai 400 020, Airtel : 9004675375, E-mail : drsujatamehta@yahoo.co.in for a follow up with a complain of 3-4 motions per day Vide Annexure C-62.
63.	09.01.2019	Bill dated 09.01.2019 of New Bombay Chemist amounting to Rs.3280/- Vide Annexure C-63.
64.	07.01.2019 AND 10.01.2019	Railway Ticket of complainant, his wife and daughter as an attendant through 12187/ 12188 Jabalpur Mumbai Garib Rath Express to and fro amounting to Rs.5,326/- (approximately) Vide Annexure C-64.

(3) DEFECT/DEFICIENCY

7.   The said services are suffering from the following defects:

A.   Wrong Diagnosis : wrongly diagnosed as “Chronic Granulomatous Colitis – more towards Tubercular Colitis”. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die.

B.   Deficiency in Service : wrong slide sent to Mumbai. A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. Complaint had to receive treatment of “Chronic Granulomatous Colitis – more towards Tubercular Colitis”.

C.   Unfair trade Practice : Not providing money receipt of Rs. 500/- and insisting illegally complainant to return back wrong slide. Opposite Parties gave false information on the pretext that the slide would be given after 3 days as the same is at Bhopal (Madhya Pradesh).

(4) RECTIFICATION

8.   Complainant has reported the above matter to opposite parties several times but despite all his pleadings they have not made good the deficiency in services, which is indeed regrettable and highly unprofessional. On account of their aforesaid dereliction of duty and failure and neglect to rectify the same complainant have suffered losses/ incurred expenses Rs. 15,00,000/-, which opposite parties are liable to compensate to complainant.

9.   Complainant sent registered legal notice dated 04.01.2019 Vide Postal Receipt No. RI504465944IN AND RI504465958IN respectively through his Counsel to opposite parties to Pay compensation for financial loss/ injury/interest suffered due to negligence of the opposite parties in the sum of Rs. 15,00,000/- with interest @12% per annum within 30 days of the receipt of the notice failing which he shall be constrained to initiate against opposite parties for redressal of his aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at their own risk, cost, responsibility and consequences which please note. The same was duly served upon to both the opposite parties on 05.01.2019.

(5) OTHER PROVISIONS

10.                It is apt to say that INDIAN MEDICAL ASSOCIATION's Case is a land mark ruling as to Medical Profession is concerned. Owing to this ruling, Medical Profession was brought under purview of Section 2 (1) (o) of Consumer Protection Act,1986. Therefore, it is very essential to know conclusions given in this ruling.

11.               
In ''Indian Medical Association Vs. V.P. Shantha and Others , the Hon'ble Supreme Court held that (1) Service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis and treatment, both medicinal and surgical, would fall within the ambit of 'service' as defined in Section 2(1) (o) of the Act.

(6) EVIDENCE

12.                A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

13.                The medical profession is considered a noble profession because it helps in preserving life. People believe life is God given. Thus, a doctor figures in the scheme of God as he stands to carry out His command. A patient generally approaches a doctor/hospital based on his/its reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command and secondly they will not do anything to harm the patient in any manner either because of their negligence, carelessness, or reckless attitude of their staff. Though a doctor may not be in a position to save his patient's life at all times, he is expected to use his special knowledge and skill in the most appropriate manner keeping in mind the interest of the patient who has entrusted his life to him. Therefore, it is expected that a doctor carry out necessary investigation or seeks a report from the patient. 

(7) JURISDICTION

14.                For the purposes of jurisdiction the complaint is valued at Rs.15,00,000/- for compensation. This Hon’ble Forum has territorial jurisdiction of the subject matter of lis.

(8)LIMITATION

15.                That the present complaint is being filed within the period prescribed under section 24A of the Act.

(9)RELIEF CLAIMED

16.                To pay compensation for financial loss/ injury/interest suffered due to negligence of the opposite parties in the sum of Rs. 15,00,000/- with interest @12% per annum. There exists no straight jacket formula for apportionment of the awarded compensation amongst various doctors and hospitals when there are so many actors who are responsible for negligence and the apportionment has to be made by evolving a criteria / formula which is just going by the nature and extent of medical negligence and deficiency in service established on the part of different doctors and hospitals.

S. No.	On account of	Description of compensation on account of pecuniary and non pecuniary damages
1.	Hospital charges	Bill Details dated 21.12.2018 issued by Bombay Hospital Trust amounting to Rs.2,61,714/- Vide Annexure C-53.
2.	Hospital charges	Micro TB Culture Report dated 12.12.2018 issued by Dr. Challapilla Meera, Consultant Microbiologist, of P. D. Hinduja National Hospital & Medical Research Centre, (Established and Managed by the National Health & Education Society), Veer Swarkar Marg, Mahim, Mumbai – 400 016 Vide Annexure C-19. Rs.5,000/- (approximately).
3.	Hospital charges	Money Receipt issued dated 19.12.2018 by Dr. Vijay M. Gandhi, MBBS, FCGP, MRSH (London), of Metropolis Laboratory, amounting to Rs.2,900/- on account of Fecal Cal Protection Vide Annexure C-40.
4.	Travelling Expenses	Railway Ticket of complainant, his wife and Mr. Mukesh Patel, younger brother of son in law as an attendant through 12187/ 12188 Jabalpur Mumbai Garib Rath Express  to and fro amounting to Rs.5,000/- (approximately).
5.	Travelling Expenses	Travelling expenses of Mr. Rajesh Patel with one person to and fro amounting to Rs.5,000/- (approximately).
6.	Fooding & Lodging	Fooding & Lodging of 3 persons at Mumbai from 12.11.2018 to 22.12.2018 amounting to Rs.15,000/- (approximately).
7.	Mental Pain and agony	On account of Mental Pain and agony amounting to Rs.5,00,000/- (approximately).
8.	Travelling Expenses	Railway Ticket of complainant, his wife and daughter as an attendant through 12187/ 12188 Jabalpur Mumbai Garib Rath Express  to and fro amounting to Rs.5,326/- (approximately) Vide Annexure C-64.
9.	Miscellaneous Expenses	Blue Dart courier Docket No. 15586143296 and its Cash Memo amounting to Rs.297/-Vide Annexure C-37.
10.	Further treatment till complete fitness	On account of further treatment till complete fitness amounting to Rs.5,00,000/- (approximately).
11.	Non-Pecuniary Loss	On account of Non-Pecuniary Loss amounting to Rs.2,00,000/- (approximately). Complaint was not able to submit alive certificate with the bank therefore he did not get his pension payable in the month of December, 2018 & January, 2018. Complainant, his wife and Son is having ancestral/ self acquired agricultural lands at Tahsil Sihora, District – Jabalpur (Madhya Pradesh), he could not till/sow their lands timely/ properly to feed up breads for fellow countrymen. He who tills his land shall have plenty of bread, the Holy Bible Says. Proverbs 12:11 (HNV).
12.	Total	Rs. 15,00,000/- (approximately).

(10) PRAYER CLAUSE

It is, therefore, most respectfully prayed that this Hon’ble Forum may kindly be pleased to direct the opposite parties to pay compensation to the tune of Rs.15,00.000/- with interest @12% from the date of Order till the actual date of realization, and (2) Cost of this complaint be also awarded in favour of the complainant.

PLACE : JABALPUR                                          COMPLAINANT

DATE :                     ADVOCATE FOR COMPLAINANT

VERIFICATION

I, Ram Nath Patel, aged about 63 years, S/o Late Mr. Jhurrelal Patel, R/o Opposite CBI office, In front of IDBI Bank, Vijay Nagar, Jabalpur – 482 002 (Madhya Pradesh) Airtel : 7223989840, the complainant above named do hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.

Verified this………………….day of…………………20…….at…………

COMPLAINANT

BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DISTRICT – JABALPUR (MADHYA PRADESH)

Block No.15-K, Scheme No. 18, Civic Centre, Jabalpur-482 001

Phone : 0761-231 0636/232 4891

COMPLAINT CASE NO.                     OF 2019

Ram Nath Patel         ……………….               COMPLAINANT

VERSUS

Laxmi Narayan Hospital       …………             OPPOSITE PARTIES

AFFIDAVIT

I, Ram Nath Patel, aged about 63 years, S/o Late Mr. Jhurrelal Patel, R/o Opposite CBI office, In front of IDBI Bank, Vijay Nagar, Jabalpur – 482 002 (Madhya Pradesh) Airtel : 7223989840, the above named deponent, solemnly affirm and state on oath as under:

1.    That I am the complainant in the above mentioned complaint and am fully conversant with the facts deposed to in the instant complaint.

2.    That the contents of paragraphs 1 to 10 of the accompanying complaint are true to my personal knowledge and the contents of paragraphs are based on legal advice, which I believe to be true. No material has been concealed and no part is false.

3.    That the Annexure No(s). C-1 to C-64 to the accompanying complaint are true copies of the originals and I have compared the said Annexures with their respective originals and certify them to be true copies thereof.

PLACE : JABALPUR

DATED :                                                           DEPONENT

VERIFICATION

I, RAM NATH PATEL, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______

DEPONENT