A complaint was filed against the Birla Institute Of Medical Research (BIMR) Hospital for the reimbursement of Rs. 12.5.
Retired Judge Arun Singh Tomar, chairman of Gwalior District Consumer Forum. His son Raghavendra Singh Tomar had filed the petition through Advocate Anchit Jain.
The petitioner lost her wife, one of the victim of COVID-19, admitted to the Birla Institute of Medical Research (BIMR) hospital, died due to the medical negligence of the said hospital.
Sarla Tomar who was admitted in Birla Hospital from April 19-29, 2021, had died during treatment.
After going through the treatment papers and CCTV camera, it came out that the deceased was on the medication which exceeds the limit, without any proper prescription taken by the doctor.
She was injected with eight Remdesivir injections, Even though, the government guidelines prescribed a maximum of six injections to a person.
Remdesivir injection is also used to treat coronavirus disease 2019 (COVID-19 infection). This medication is given by injection into a vein by a health care professional. Remdesivir is an antiviral medicine that works against severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
This medicine is to be given only by or under the immediate supervision of your doctor.
As the patient was overdosed which thus, ultimately led to the death of the patient.
As per the treatment papers, the patient was diagnosed with COVID-19 on the basis of a high-resolution computed tomography (HRCT) scan. However, no RT-PCR test was done to determine if patient was actually positive or not, he added.
Therefore, the former judge moved the District Consumer Disputes Redressal Forum at Shivpuri, Madhya Pradesh consumer forum for relief.
A bench of Gaurishankar Dubey, Rajeev Krishna Sharma and Anju Gupta directed BIMR hospital to pay an amount of ₹11,77,560 along with interest of 9% per annum, as well as ₹50,000 for mental agony and ₹10,000 in litigation costs.
The petition also cleared and alleged the hospital (BIMR) that the complainant did not received his wife’s jewelry, and therefore, a case of theft was aroused, alleged the hospital for its misconduct.
On the argument that the patient was treated by a homeopathy doctor, though the hospital was administering allopathic treatment, the Commission found that there was malpractice on the part of the hospital for employing a homeopathic doctor in an allopathic institution.
The hospital Is run by Birla Nagar Jan Seva Trust. Hospital general manager Govind Devda said they would challenge the order before MP Consumer Grievances Redressal Commission.
Hospital GM Govind Devda said, “We respect Forum’s order. But many points have not been considered. The order has been given on the basis of complaint. The documents were not examined properly. FIR has not been registered in theft case.”
The hospital that as per the Supreme Court’s ruling to prevent harassment against doctors, a judicial body must be first formed and a report must be provided in a case alleging medical negligence.
While rejecting the contention, the Commission said that in the present case, a committee of three doctors headed by the Chief Medical Health Officer (CMHO) prepared a report on the case, so need arose for the formation of a separate committee.
The Commission relied on a number of Supreme Court judgments to decide on the compensation to be awarded to the complainant.
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
