Hyderabad Hospital slapped Rs 10,000 compensation for negligence during Holter Monitor test

Hyderabad: The District Consumer Disputes Redressal Commission-III, Hyderabad has recently directed Kamineni Hospitals Pvt. Ltd. to pay Rs 10,000 compensation to a patient for negligence and deficiency in service while conducting Holter Monitor Test.

After taking note of the fact that Hospital authorities did not remove the hair on the chest before fixing the Holter Monitor which resulted in the Electrodes coming off, and also of the fact that the test report had been made on the basis of 36 hours instead of 48 hours, the Consumer Court held the Hospital negligent.

The hospital has been directed to pay Rs 10,000 towards compensation for causing mental agony and trauma and another Rs 1000 towards costs of the complaint within 45 days from the date of order.

The complainant had approached Kamineni Hospitals for undergoing Holter Monitor Test. However, it was alleged that the monitor had been fixed on the same date by a trainee and not by a professional, which jeopardized the health of the patient.

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Due to deficiency in service, two electrodes came off during sleep so he was compelled to visit the hospital again. The next time also the same trainee doctor had been assigned to him and the doctor allegedly pulled out the plaster of the complainant inhumanly causing peeling off his skin at 3 places. The complainant alleged that the concerned doctor did not even have the basic pair of scissors for properly removing the plaster.

Thereafter, the Holter Monitor had been re-fixed and reset for 48 hours. This time in order to avoid repeat of peeling off his skin, gauxe bandage had been used for securing the Holter attachments with the electrodes with it. Towards of the end of the 48 hours, the complainant approached the hospital for removal of his Holder and for Test report.

However, the complainant alleged that the report dated 24.06.2021 had several other deficiencies in it since it did not specify the Test name, did not mention the designation of the person signing the report and the report had been made for only 37 hours against payment of 48 hours.

Thereafter, the complainant through WhatsApp asked for partial refund of merely Rs 1000 towards short service, but the hospital did not comply with this request.

So, approaching the District Consumer Court, the complainant prayed for refund of Rs 15,000 towards the cost of the case, Rs 1,000 as refund and Rs 2 lakhs for causing negligence.

On the other hand, the hospital submitted that a Holter Monitor is a small wearable device for keeping track of heart rhythm and the patient may need to wear the device for one to two days. It was further submitted that the complainant had been counselled about he care to be taken while wearing the instrument in his day to day activities and while sleeping.

It was argued that the complainant had acted negligently and failed to take proper precaution and care in his day to day activities and while sleeping also. Due to his rash and negligent handling of the device by the complainant while sleeping, the electrodes came off the body.

Denied any negligence on its part, the hospital claimed the complaint to be frivolous and false and submitted that the complainant had been treated with standard procedures and protocols. Further the hospital denied that the monitor had not been fixed by the professional jeopardizing the health of the complainant, peeling of the skin while removing the plaster and other allegations. It was further submitted that the complainant had got 36 hours report which is reasonable for detecting any issues in the Heart Rhythm.

After taking note of the submissions made by both the parties, the Consumer Court took note of the photocopy of the Complainant's chest place which showed that the Holter Monitor had not been fixed properly. 

"In that photocopy, it is very clear that the opposite party has not removed hair on the chest of the complainant before fixing the Holter Monitor, cleaned and smooth places only that Holter Electrodes does not came off unless and until it will be removed after completion of the 48 years," observed the Consumer Court.

Further referring to the evidence affidavit, the consumer court noted that even though the Hospital claimed that 36 hours report was reasonable for detecting any issue in the Heart Rhythm, it did not file any document for proving its bonafide. "The Holter Monitor was fixed for recording the heart rythm for 48 hours, whereas, the opposite party has stated that 36 hours is enough for detecting any issue in Heart Rhytm," noted the Commission.

Therefore, opining that there was negligence and deficiency in services on the part of the hospital, the Consumer Court ordered,

"Basing on the above discussion, we are of the considered opinion that there is negligence and deficiency in services on the part of the opposite party. Hence, we allow the complaint in part and directing the opposite party to pay to the complainant an amount of Rs.10,000/- (Rupees ten thousand only) towards compensation and costs of the complaint."

The hospital has been asked to pay another Rs 1000 towards costs of complaint.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/hyderabad-consumer-court-201072.pdf

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