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Patient Leaving Against Medical Advice, Is Not Entitled For Compensation

“The Patient of LAMA i.e. Leaving (the Hospital) Against Medical Advice, is not entitled for the Compensation”

In an interesting judgment in the case of JAIRAM SAHU V/s. CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL & ANR, CHHATTISGARH, the National Commission dismissed the complaint of Rs.18 lakhs.

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2425%2F2016&dtofhearing=2017-05-25

Facts in brief:

1. The petitioner – Complainant filed the 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 complaint about 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 after perusing the documents and after hearing of parties dismissed the Petition in favor 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.

This case again emphasizes the importance of keeping the record intact and up to date.

Thanks and Regards

(Adv. Rohit Erande)
Pune. ©

Creator and owner of the desimedicos.com. A Doctor by profession and a techie by hobby.

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