A Chennai based woman has won a case of deficiency in service against Dr. Prathap Reddy, Chairman, Apollo Group and Apollo Hospital. The woman, M.M.Rahamathunissa of George Town, Chennai had filed a case with the State Consumer Disputes Redressal Commission seeking damages for deficiency in service while she approached Apollo Hospital seeking treatment for her son for suspected leptospirosis. The Commission struck down the hospital submission against the plaint and directed it to pay Rs. 2000 as compensation for deficiency in services.

This is the second time in the last one year that Apollo Hospital has been directed by the Commission to pay compensation for deficiency in services. It was directed to pay compensation to a middle aged man for wrong diagnosis and treatment early last year. However, it is for the first time that Dr. Prathap Reddy has been named as plaintiff in a case with the Commission.

In her petition to the Commission, Rahamathunissa maintained that she had taken her son Shahul Hameed, aged 13, to Apollo Hospital, Greames Road for certain tests. After the sample was taken, the patient was asked to come next day for results but was only given two test results the next day. Thereafter the hospital demanded fresh blood samples for conducting tests for leptospirosis and urine for culture sensitivity. But the complainant refused to oblige. Stating that there was deficiency in service, she prayed for certain relief. She named Dr. Prathap Reddy and consulting microbiologist, M.A. Thirunarayan as opposite parties in her case.

The hospital, in its submission, maintained, that only the microbiologists and senior technicians gave opinion on special tests. The microbiology department closed at 5 pm and functioned after that only in case of emergency. It stated in its submission that since the boy was brought to the hospital for a routine examination, he was asked to come the next day. The reason for asking him to come the next day was that the Dark Field examination of blood for leptospira could be done only with fresh blood sample within two hours of collection. Since the department had closed by 5 pm, the patient was asked to come the next day.

The forum dismissed the submission. The Commission President, M.S. Janarathnam and the member, Kayal Dinakaran said the opposite parties failed to act in time. "The laboratory was a 24 hour lab and was mentioned this way in the hospital notice. The explanation that the department ceased to work after 5 pm could not be accepted. Leptospirosis was a dreadful disease and should be diagnosed at the earliest. The plea of the hospital that the examination sought was of a routine nature was beyond one's comprehension. This stand was taken only to escape legal consequences," the Commission observed.