LAMA Patients not entitled for compensation, hold NCDRC
In an interesting and important judgment in the recent case of JAIRAM SAHU V/s. CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL & ANR, CHHATTISGARH, the National Commission dismissed the complaint of Rs.18 lakhs clearly indicating that "The Patient of LAMA i.e. Leaving (the Hospital) Against Medical Advice, is not entitled for the Compensation"
Facts in brief :
1. The petitioner - Complainant filed complaint in the District Forum alleging that his sister-in-law (late) Smt. Purnima Devi was admitted for treatment in opposite party hospital on 24.1.2014 and was kept in ICU. She was discharged from the Hospital on 29.01.2014, but she was not fully recovered and on 30.01.2014 she died.
2. It was alleged that she was administered the expired medicines procured from the Hospital pharmacy, hence the compliant for Rs.18 lakhs.
3. The Complaint was allowed by district forum with interest @18% p.a.
4. The Hospital approached State Commission and the State commission dismissed the Complainant and hence complainant filed the Revision Petition.
Held :
1. The National Commission after perusing the documents and after hearing of parties dismissed the Petition in favour of the Hospital.
2. It relied upon the computerized sales summary report of the medicines and disposables used for the treatment of Smt. Purnima Devi.
3. It also relied upon the letter of Drug Inspector, Food and Drug Department wherein it was mentioned that the patient was taken from the hospital on LAMA (Leave Against Medical Advice) by the relatives on their complete responsibility.
4. The said letter further revealed that the sales record of Hospital (supply sheet of ICCU) was checked and did not find the records of medicines of expiry dates.
5. Further, the National Commission observed that the petitioner is not a truthful person and dismissed the Petition - Compliant. The court observed
It is pertinent to note that the petitioner in the complaint has taken a plea that the hospital authority on 29.1.2014 suddenly discharged the patient Smt. Purnima Devi although she was not fit for discharge. Aforesaid plea of the complainant is falsified by the record which contains a duly signed statement of one Mukesh (family member of Smt. Purnima Devi) stating that he has got the patient discharged against medical advice on his responsibility. Even in the discharge document issued by the hospital authorities it is recorded, “LAMA” which means left against medical advice. From this it is clear that the petitioner is not a truthful person. As such the State Commission was justified in rejecting the claim of the petitioner on the basis of enquiry report of the Drug Inspector, Food & Drug Department, Durg, Chhattishgarh.
This case again emphasizes the importance of keeping the record intact and upto date.
Thanks and Regards
(Adv. Rohit Erande)
Pune. ©
This revision petition is directed against the order of the State Commission, Chhattisgarh dated 20.05.2016 whereby the State Commission allowed the appeal of the respondent/opposite party, set aside the order of the District Forum and dismissed the complaint.
You can read the full judgement by clicking on the following link
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