A complaint of medical negligence against Dr. L.H.Hirandani Hospital and 3 doctors and a nurse filed by another doctor whose mother expired in this hospital was dismissed by the state consumer forum on 17th October 2008.
Grievance of the complainant was that he had admitted his ailing mother in the hospital on 16/12/2006 since she was having fever, but patient died while in hospital on 30/12/2006. In the course of treatment given by the hospital, complainant alleged that hospital and its doctors and nursing staff was guilty of medical negligence and therefore, he lost his mother. The State commission while dismissing the complaint held, “simply because of criminal prosecution has been launched against O.P.Nos.3&5 that does not mean that we should issue process against all the five persons named by the complainant. Moreover, complainant has failed to adduce any evidence on record from any medical expert to even remotely suggest that O.Ps. were guilty of medical negligence. Every death in the hospital does not mean that it was on account of medical negligence of hospital and doctors treating such patient.” The State Commission further held, “Moreover, we are finding that in the papers at Exhibit-K, there is expert report of three doctorsattached to Sir J.J. Group of Hospitals, which is from page 128 to 132. Three members Committee has examined medical papers sent to it by police department. Members of the Committee heard the concerned doctors and they have recorded following conclusion :-
“It will be seen from above that due care was taken of the patient at the Hiranandani Hospital and the patient showed progress in her condition. It appears that the patient had multiple problems. However, it is unfortunate that the patient who was admitted with multiple complaints could not survive. Nevertheless it is difficult to conclude that there was any negligence on the part of concern doctors and nursing staff. The allegation of the negligence is not supported by copies of detail records given to us and therefore, we are of the view that there was no negligence as alleged in this case.”
While dismissing the complaint the State Commission relied on the decision of the Hon’ble Supreme Court in the case of Martin F. D’Souza V/s. Mohd. Ishfaq, II (2009) SLT 20.
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