Legal cases with fixed pricing, standardized processes, and firm timelines
Nature cure activist and anti-vaccine propagator Mr. Jacob Vadakkanchery and Mr. Joshi M. Varghese have been imposed with a fine of Rs. 4 lakh by the Kozhikode Consumer Forum for the death of a patient.
The patient Mr. Vinayanandan was admitted to a hospital named Natural Life Hospital which was being run in partnership by Mr. Jacob and Mr. Joshi. The patient was admitted to the complaint of diabetes, kidney stone, and peptic ulcer. It was alleged in the complaint filed by the family members of patient that after being admitted for five days, the patient suffered fatigue and suddenly collapsed and died in the hospital only. It has been further submitted in the complaint that the death of the patient has happened due to the petitioner’s insistence on practicing yoga on that day’s morning.
However, the respondent-hospital has claimed that the patient did not disclose about his heart ailment during the time of admission nor shared is ECG. It has noted by the forum that the owners of the hospital have agreed to the fact that they did not understand the ECG.
The President of the forum thus observed that the sharing or non-sharing of ECG is immaterial in this case as the owners have agreed to non-understanding of ECG and this amounts to gross negligence in medical practice. No matter what field a doctor is practicing in, he should be aware of the basics of the medical science. It was further observed by him that as per the evidence placed before the forum it can be concluded that the respondents Mr. Jacob and Mr.Joshi have not shown reasonable skill and care in treating the patient and this leads to gross negligence and deficiency in service on their part.
The forum then held that it has been settled that the respondents have failed to show reasonable skill and care which they were expected to but it has not been proved the cause of death relates to the treatment done by the respondents. Hence, the petition is partly allowed and respondents are liable to compensate for their failure accordingly.
The forum further directed the respondents to pay a sum of Rs 4 lakh to the dependents of the deceased with a break up of Rs 2 lakh to his daughter and Rs 1 lakh each to his wife and mother.