Patient Versus Orthopaedician and Hospital, DF Jalandhar

Doctor is not liable for compensation for excessive billing from quoted amount due to new illnesses.

Facts & proceedings of the case: - A 70 years old patient approached to doctor for replacement of both her knees. For which Rs.2,80,000/- as full package. Post-surgery she was shifted to I.C.U. due to deterioration of her condition. In ICU nurses had to called three other unknown doctors as the treating doctor was not is town, whose payment was made by the complainant. Later on, patient was referred to higher centre (PGI Chd) where her treatment continued. Patient also alleged that, doctor has overcharged as firstly she was quoted a charge of Rs.2,80,000/- but she had to pay Rs.3,27,000/-. Patient was kept for nine days instead of six days. Thus, demanded compensation of Rs.15 lacs.

AICL Counsel on behalf of doctors replied that prior to surgery patient got fever with low oxygen, after examination some heart problem were suspected, and Cardiologist was called who diagnosed the heart disease and gave treatment for the same. Further OP advocate argued that, the treating doctor is having vast experience in replacement of knees and even patient left the hospital by walking normally and has also issued a certificate to hospital that she is quite satisfied with the service and she has not been over charged. The cardiac problem or the alleged fracture is not connected with treatment. The package was only for six days for replacement of Knees and patient suffered heart problems hence she was liable to pay additional amount.

Outcome: - DF dismissed the complaint by giving opinion that operation date was postponed since patient developed some heart problem, which proves that OPs have took all precautions hence there is no negligence on the part of the OPs. Also, complainant herself has submitted a certificate mentioning that no excess amount was charged, and she is also satisfied with the treatment given to her.