Vinod Khanna vs. R.G. Stone urology and leproscopy hospital & ors. - (National Consumer Disputes Redressal Commission) (06 Jul 2020)

Uniform use of the pre-printed and fixed ‘informed consent cum undertaking’ form on the part of the hospital is unfair trade practice

MANU/CF/0351/2020

Consumer

The Complainant aged about 65 years in second week of January, 2010 suffered pain in abdomen and difficulty in passing urine. Being aggrieved by the negligent treatment at OP-1, the Complainant suffered injury and complications at the hand of OP-2, complainant filed the instant complaint before this Commission and prayed compensation of Rs. 1,88,37,602.

The OPs 1 and 2 resisted the complaint and denied the allegations.. The complaint was disposed of by State Commission on 16th August, 2017 on the ground of lack of pecuniary jurisdiction. The time of seven years was elapsed before the State Commission and the instant complaint was filed before present commission on 15th February, 2018. In view of factual position, the cause of action was continuous, therefore present complaint is maintainable before present commission, and the delay is condoned.

As per medical literature the injection pricks does not cause fistulae or grave injury. Commonly to drain prostatic abscess trans rectal needle aspiration is used. On the basis of the entire medical record and the evidence on file including the expert opinion of the medical board of Maulana Azad Medical College, New Delhi, there is no deficiency in service / medical negligence / unfair trade practice on the part of the opposite party no. 2 (doctor). In respect of ‘consent’, in this particular case, having regard to the signatures of the patient and his sister as witness on the ‘informed consent cum undertaking’, the entire medical record, the affidavit of the opposite party no. 2 (doctor), the affidavit of the opposite party no. 1 (hospital) and the expert opinion of the medical board of Maulana Azad Medical College, present Tribunal finds it to be ‘informed consent’.

Present Tribunal notes that, a pre-printed and fixed ‘informed consent cum undertaking’ form, with blank spaces for limited select handwritten entries and for the signatures has been used. The main body of the form is pre-printed and fixed. It can fit into any procedure, any doctor, and any patient, after filling up the blank spaces for the limited select handwritten entries and getting / affixing the signatures. This to be administrative arbitrariness and one-sided high handedness, and to be unfair and deceptive, on the part of the opposite party no. 1 (hospital), for which, though, the complainant has not been prejudiced in this particular case.

The uniform use of the pre-printed and fixed ‘informed consent cum undertaking’ form on the part of the opposite party no. 1 (hospital) to be unfair trade practice within the meaning of Section 2(1)(r) of the Consumer Protection Act, 1986. A cost of Rs. 10 lakh is imposed on the opposite party no. 1 (hospital), to be deposited with the Consumer Legal Aid Account of this Commission and the opposite party no. 1 (hospital) is directed to discontinue its said unfair trade practice with immediate effect.

Tags : DEFICIENCY SERVICE COMPENSATION