Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) has directed a private hospital to pay compensation of Rs 2.05 lakh to a woman for issuing her husband's medical records 10 months after his death following treatment in the hospital. In the petition, R. Mahalakshmi of Indira Nagar, Chrompet submitted that her husband V. Ravichandran and his brother met with an accident on July 4, 2010, near Vellappan Chavadi. Immediately, he was rushed to Vee Care Hospital, Thirumangalam, Anna Nagar. Ravichandran had swelling on his right knee and was unable to walk. He had no external injuries, no bleeding or any grievous injuries and he was very much conscious.
However, the hospital informed that immediate surgery was necessary. The surgeons performed operation and fixed a plate on his right leg. He was under the post-operative care in the hospital. Suddenly doctors informed that July 8, 2010 at 5.pm that he must be shifted to ICU for further treatment and an hour later they declared that he was dead.
She alleged that the hospital failed to provide proper medical care to him during the post-operative period and they allowed Ravichandran to develop fat embolism. The hospital was negligent in the procedures right from making entry in the accident register, obtaining the consent, post-surgical treatment procedures adopted by him.
Besides this, the hospital had not provided the medical records to her, even after repeated request. After a long struggle the hospital provided the documents to her. Later, she issued notice and filed this complaint claiming compensation for causing her mental agony and hardship.
In its reply, the managing director of Vee Care Hospital, denied the allegation and said that after surgery her husband was shifted to post-operative ward and his vital parameters were normal. Fat embolism would develop in the case of bone fracture and it happens only in some cases.
On July 8, 2010, he complained of chest pain breathlessness and collapsed around 5.45 p.m. He did not respond to resuscitation and he was declared dead at 6.30 p.m. The best treatment was provided to him and he died on account of cardiac arrest arising out of fat embolism. The hospital had not committed any negligence and deficiency in service and sought to dismiss the complaint with costs.
The bench comprising president K. Jayabalan and member M.Uyirroli Kannan said the hospital had not committed negligence in treatment accorded to Ravichandran. But, hospital furnished medical documents to her after a long struggle. Hence, the hospital committed deficiency in service for not furnishing the documents required by her immediately. The documents were furnished to her ten months after his death. The bench directed the hospital to pay Rs 2.05 lakh to her for providing the documents belatedly.
