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Neurology
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Murlidhar Eknath Masane v Sushrusha Citizen Co-op Hospital Ltd & Anr
Complaint No. 203/92, decided on 29.10.1994, by Mah SCDRC
The complainant’s 13 year old son was suffering from epilepsy and was under the care of neurophysician Dr Nathan . On 4.1.1992 , the child started getting violent convulsions , and initially was admitted to another nursing home and subsequently in opposite party’s hospital . Here he continued to have convulsions , developed complications and ultimately expired on 8.1.1992 .The State Commission held negligence on part of the neurophysician on the following grounds :
not attending a serious patient for the reason that it was Saturday or Sunday.
on shifting the child to the opposite party hospital on his insistence , he arrived much late to examine and treat the child;he didnot arrange for any coordination between himself and the hospital staff;
he subsequently visited the hospital at interval of 24 hours despite knowing the serious condition of the child.
After admission the hospital did not make serious efforts to contact the neurophysician when the condition of the child became serious. When the child was on the verge of collapse the hospital did not make efforts to request the neurophysician to stay in the hospital to take care of the child. As the hospital was under implied contractual obligation to take reasonable care it was held liable and was directed to pay 3 lacs towards compensation. The neurophysician was directed to pay additional 50000 towards compensation.
