LI Network
Published on: December 10, 2023 at 01:05 IST
The Circuit Bench of the Tamil Nadu State Consumer Disputes Redressal Commission in Madurai, led by Thiru S. Karuppiah (Presiding Judicial Member), has held Joseph Hospital in Tirunelveli and its attending doctor responsible for unfair trade practices and service deficiencies.
The commission ruled against the coercion of patients to exclusively purchase expensive medications from the hospital’s pharmacy and forced procurement of blood, despite alternative options.
Mrs. Mythili, the complainant, underwent a hysterectomy at Joseph Hospital, Tirunelveli, under the care of Dr. Agnes on April 12, 2020. Despite having the same blood group as her sister, the hospital authorities compelled Mrs. Mythili to purchase blood from the hospital’s blood bank at a cost of Rs. 1100/-. Subsequently, complications arose after blood transfusion, leading to her immediate transfer to the ICU.
During this critical period, Mrs. Mythili’s attendants were constrained to purchase an excess of medicines at inflated prices solely from the hospital’s pharmacy, with no option to procure them externally.
Attempts to obtain medicines from an outside pharmacy resulted in mistreatment by the hospital authorities, prompting Mrs. Mythili to file a consumer complaint with the Circuit Bench of the Tamil Nadu State Consumer Disputes Redressal Commission in Madurai.
The hospital and the doctor, in their defense, denied all allegations of unfair trade practices and service deficiencies, contending that Mrs. Mythili had been successfully treated. They justified the hospital’s pharmacy as a means of welfare for patients, even if it imposed additional costs on the institution.
Upon reviewing the purchase receipt presented by the complainant, the State Commission found that Mrs. Mythili was indeed coerced into purchasing more medicines than necessary. Additionally, the hospital’s failure to provide counter-proof strengthened the complainant’s case.
The commission also validated allegations of inflated medicine prices, exceeding the Maximum Retail Price (MRP), and determined that the hospital’s actions contravened the Drugs and Cosmetics Act of 1940.
As a consequence, the State Commission directed Joseph Hospital and Dr. Agnes to collectively and individually pay Rs. 1,00,000 to the Tamil Nadu State Consumer Welfare Fund as exemplary costs. They were further instructed to compensate Mrs. Mythili with Rs. 1,00,000 for the excess charges on medicines and the mental distress endured. Finally, a payment of Rs. 10,000 was ordered to cover the litigation costs incurred by Mrs. Mythili.
