Derilious patient jumps out of the Window. Hospital held negligent
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The fall of an Indoor patient while taking a "stroll in the midnight" costed Rs.11 laks to the Hospital.
In an interesting case of ASHISH KUMAR MAZUMDAR V/s. AISHI RAM BATRA CHARITABLE HOSPITAL TRUST & ORS before the Apex Court , the Court rejected the appeal of Hospital, but also rejected the enhancement claim of the Complainant to Rs.25 laks.
Facts in nutshell :
1) According to the plaintiff, on account of high fever and in delirious state, on 27.10.1988 he was admitted as an indoor patient in the Batra Hospital in Room No.305 on the third floor of the hospital. In one night at about 2.20 a.m., the plaintiff’s sister, one Kajal, who was staying with him in the room had noticed the absence of the plaintiff from the room and after prompt search by staff, the plaintiff was found lying on the ground floor in the oncology gallery of the hospital and at a distance of 50 yards from a point immediately below the window of room No. 305. The plaintiff suffered multiple fracture of lumbar vertebrae with complete dislocation of the spinal cord and despite treatment he became a paraplegic i.e. 100% disabled below the waist.
In an interesting case of ASHISH KUMAR MAZUMDAR V/s. AISHI RAM BATRA CHARITABLE HOSPITAL TRUST & ORS before the Apex Court , the Court rejected the appeal of Hospital, but also rejected the enhancement claim of the Complainant to Rs.25 laks.
Facts in nutshell :
1) According to the plaintiff, on account of high fever and in delirious state, on 27.10.1988 he was admitted as an indoor patient in the Batra Hospital in Room No.305 on the third floor of the hospital. In one night at about 2.20 a.m., the plaintiff’s sister, one Kajal, who was staying with him in the room had noticed the absence of the plaintiff from the room and after prompt search by staff, the plaintiff was found lying on the ground floor in the oncology gallery of the hospital and at a distance of 50 yards from a point immediately below the window of room No. 305. The plaintiff suffered multiple fracture of lumbar vertebrae with complete dislocation of the spinal cord and despite treatment he became a paraplegic i.e. 100% disabled below the waist.
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