Patiala: Holding deficiency on part of the service providers, the District Consumer Dispute Redressal Forum of Patiala has recently instructed a medical practitioner and a hospital to pay Rs. 25000 as compensation to a complainant who developed "altere sensorium" by taking a zolpidem tablet which the doctor prescribed it to him.
The forum observed that though the patient was suffering from chronic liver disease due to heavy alcohol consumption, he was prescribed Zolpidem and as a result, he suffered from disease altere sensorium. Hence, the forum found a deficiency in service on part of the doctor and the hospital and partially awarded relief to the petitioner.
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The case concerned a patient who was suffering from abdominal pain and he visited the said hospital for getting treatment where he was treated by the doctor who prescribed medicines including 'ZOLPIDEM TAB 6.25 MG' and OPs charged Rs.5086/-. It is averred that after consuming the above-said medicines his abdominal pain did not subside rather it came more serious and he became unconscious due to which he was taken to Daya Nand Medical College and Hospital, Ludhiana for treatment. In the discharge summary of the Hospital, it is mentioned, "Patient presented to us with sleep disturbance in form of decreased sleep for which he took Zolpidem and develop altere sensorium in form of increased drowsiness and irrelevant talks. He also complained constipation."
The petitioner thus alleged medical negligence while prescribing and supplying the tablet of Zolpidem and the complainant had to spend a huge amount on his treatment. Hence, the complainant sought compensation of Rs.5,00,000.
The counsel for the doctor and the hospital denied the allegations and submitted that no specific, scientific and justified allegations with regard to negligence or deficiency had been made by the complainant; that no cause of action had arisen against OP and the complaint was totally false, fabricated wrong and baseless. It was further submitted that the patient's was a known case of alcoholic liver disease and cirrhosis and this fact was known by the doctor from the file of the complainant which he brought along with him. The attendants of the patient also told that the patient was not taking sound sleep, so at the end of the consultation, the doctor prescribed medicine zolpidem at a very low dose, only to be taken as per advice. The patient did not complain about abdominal pain when he came to the OPD.
Moreover, as per the submission, no one had mentioned that this was a case of zolpidem poisoning, in fact, the patient and doctor did not point out anywhere any negligence on the part of the doctor since everything was done diligently, prudently with utmost due care and caution. There is no negligence or deficiency in the service of the doctor. After denying all other averments made in the complaint, the opposition prayed for the dismissal of the complaint.
The forum observed that the patient after taking Zolpidem developed the disease of altere sensorium in the form of increased drowsiness, so this was an important document for disposal of this complaint. The discharge summary also shows that the patient/complainant is also alcoholic, suffering from chronic liver disease but as already stated above by taking Zolpidem he has suffered from disease altere sensorium. This discharge summary is also attached with other documents of DMC Hospital, Ludhiana, in which it is mentioned that patient was put on I/V fluids and other medicines.
After considering the submission of both the parties, the forum found that the complainant was presented with sleep disturbance in form of decreased sleep for which he took Zolpidem and developed altere sensorium in form of increased drowsiness and irrelevant talks and also with the complaint of constipation. The forum stated
Although it was also shown that patient himself was suffering from chronic liver disease due to consumption of heavy alcohol. There is also in the discharge summary that due to suggested over doze the patient was admitted to hospital and he was given medicine as per medical jurisprudence. So it is clear that in spite of the fact that the patient was having chronic liver disease that was alcohol-related, he was suffering but he developed "altere sensorium" by taking zolpidem tablet. So the doctor was negligent in prescribing him this tablet, keeping in view that the patient was already chronic suffered from liver disease. So there was a deficiency in service rendered by the doctor.
As the forum found that the doctor is insured with OP No.3 for Rs.20 lac, the forum added,
So, taking into consideration all the facts and circumstances of the case in view, the complaint is partly allowed and the OPs No.1&2 are directed to pay Rs.25,000/- as compensation to the complainant to be paid by OP No.3 with which OP No.2 is fully insured for Rs.20lac.The OPs No.1&2 are further directed to pay Rs.10,000/-as litigation expenses. Compliance with the order is made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.
The forum noted that the accused doctor was insured for Rs 20 Lakhs, hence the amount would be delivered to the patient as compensation by the insurer. T
https://.in/pdf_upload/order-backup-3-148710.pdf