Can't Force Patients To Buy Medicines Only From Hospital's Pharmacy, Tamil Nadu Commission's Circuit Bench Holds Joseph Hospital And Doctor Liable

Brief Facts:

Mrs Mythili (“Complainant”) underwent a hysterectomy on 12.04.20120 at Joseph Hospital, Tirunelveli (“Hospital) under the care of Dr Agnes (“Doctor”). The Complainant had the same blood group as her sister's. However, the Hospital authorities and the Doctor forced the Complainant to buy blood from the blood bank for Rs. 1100/-. After blood transmission, the Complainant developed some complications and was immediately shifted to the ICU. During this time, her attendees were subjected to buying excessive medicines at inflated prices from the Hospital's pharmacy only. They were not allowed to purchase the medicines from outside. Further, on buying certain medicines from an outside pharmacy, the Hospital authorities ill-treated the attendees of the Complainant. Feeling aggrieved, the Complainant filed a consumer complaint in the Circuit Bench of Tamil Nadu State Consumer Disputes Redressal Commission, Madurai (“State Commission”).

The Hospital and the Doctor denied all allegations of unfair trade practices and deficiency in service. They submitted that the Complainant was successfully treated in the Hospital. Further, the Hospital's pharmacy was established for the welfare of the patients and it imposes extra costs on the Hospital itself.

Observations of the Commission:

The State Commission perused the purchase receipt produced in evidence by the Complainant. It noted that the Complainant was indeed forced to buy more medicines than required. Further, the Hospital did not file a contra-proof against it, so the argument of the Complainant was accepted by the State Commission. The allegations regarding an inflated price of the medicines, above the MRP, were also proved against the Hospital. The State Commission found the Hospital's acts in contravention of the Drugs and Cosmetics Act, of 1940.

As a result, the State Commission directed the Hospital and the Doctor to jointly and severally pay Rs. 1,00,000/- to the Tamil Nadu State Consumer Welfare Fund as exemplary costs. They were also directed to pay Rs. 1,00,000/- to the Complainant as compensation for the extra amount charged on the medicines and mental agony. Lastly, they were directed to pay Rs. 10,000/- for litigation costs incurred by the Complainant.

Case Title: V. Mythili vs Joseph Hospital and Anr.

Case No.: C.C.No.84/2012

Advocate for the Complainant: R. Ganesh

Advocate for the Respondents: K. Prabhu