Mr. R.S. Awasthi, Member—This is a complaint under Sections 12 and 17 of the Consumer Protection Act, 1986 filed by N.P. Kashyap, Advocate Janjgir against Jawaharlal Nehru Hospital, Bhilai and Dr. Subodh Hiran son of Sangram Singh, Quarter No. 5, Street No. 17, Sector 9, Bhilai : Complainant is the father of late sailing Kashyap (the patient) and the opposite party No. 1 is a hospital managed by the Bhilai Steel Plant, Bhilai, District Durg and non-applicant No. 2 is neuro surgeon employed by the opposite party No. 1.

2. The patient was admitted to JLN Hospital on 8.8.1995 as a result of motor vehicle accident and registered at No. N-IV 5874, diagnosed as suffering from multiple contusions of left frontal and perital lobe and undergone treatment as per supervision of opposite party No. 2.

3. Patient was permitted oral diet from the third day of admission and his condition improved up to the seventh day. On 14.8.1995 when he was taken out of the ward on a wheel chair he had up rolling of the eyeballs and tremors of both the lower limbs. The patient was shifted back to the ward and was prescribed administration of 600 mg of Intra Venous phenytain for convulsions.

4. The patient’s sister, Dr. Nandini Kashyap, MD, who was present requested for shifting the patient to the ICU before administration of phenytain as she was aware that the drug phenytain can cause respiratory and cardiac arrest and functioning laryngoscope and endotrachieal ambubeg were available in the general ward. The O.P. No. 2 refused shifting the patient to the ICU and instructed the staff for administration of phenytain Bolus Forum (within less than 1 minute). Although the patient’s sister requested the O.P. No. 2 for slow administration of the drug phenytain it was turned down. Saying that I know better than you.

5. Some time after the administration of the drug the patient went into cardio respiratory depression while in the general ward. No doctor was available in the general ward and hence Dr. Ravi Shukla was called from the ICU and despite efforts by the patient’s sister Dr. Nandita and Dr. Ravi Shukla the patient got respiratory arrest. Proper equipment and facilities to intubate were not available in the general ward and hence the patient was shifted to ICU.

6. Patient was intubated in the ICU after 15-20 minutes after the respiratory arrest and provided ventilatory support.

7. O.P. No. 2 was not traceable and Dr. Kaushalendra Thakur, Junior to O.P. No. 2 reached the ICU after 20-25 minutes while the O.P. No. 2 reached there after 1.30 to 2.00 hours.

8. Dr. S.N. Madharia, Registrar Neurosurgery BYC Hospital, Mumbai and a relative of the patient who happened to be present requested the O.P. No. 2 for repeat C.T. Scan but the request was refused despite the fact that the cardiac parameters of the patient were stable for 20 hours. O.P. No. 2 intentionally refused C.T. Scan got annoyed and directed to shift the patient to some other hospital.

9. The patient expired after 20 hours of the respiratory arrest.

10. The deficiency alleged is as under:

(A) Patient administered I V Phenytain in Bolus forutum in the general ward knowing full well the risk of side effect of the drug to be cardio respiratory depression. Not shifted to ICU before administration.

(B) Non availability of properly functuioning life saving instruments in the ward.

(C) Not allowing repeat C.T. Scan for suspected diagnosis of delayed hematoma and not considering surgical intervention.

11. It is contended that the patient was a third year medico aged only 24 years. He was expected to support his parents and family to the tune of Rs. 85,000/- per year for 20 years. A total amount of Rs. 19,00,000/- as compensation has been prayed for.

12. The following documents have been filed in support:

(i) An affidavit by the complainant.

(ii) Death report dated 15.9.1995.

(iii) Post-mortem report of the deceased patient, Nawal Kashyap.

(iv) Enrolment certificate in J.N.M. Medical College, Raipur.

(v) Cop