Dr. P.D. Shenoy, Member—This appeal is directed against the following operative part of the order dated 30th December, 2002 passed by the Madhya Pradesh Disputes Redressal Commission dismissing O.P. No. 19/1996:

“From the hospital record and evidence submitted by the opposite parties, we find that the patient Nirmal Kumar Patni had previous history of CVA with Right Hemiparesis for last ten years. The Patient had old disease of Right side Spastic Hemiparesis and large Non-haemorrhagic infarct and the patient was admitted with history of vertigo and subjective heaviness to right upper limb and right lower limb and on careful examination by the neurological specialist Dr. Sunil Athale it was found that the patient had right side Spastic Hemiparesis and positional vertigo and mild postural hypotension. Drop of 20 mm/hg in systolic BP in five minutes was also observed by Dr. Sunil Athale and were recorded on the papers of the hospital. It was found that the patient had no neuro-deficiency and it was concluded the patient had positional vertigo and posterior circulation inschaemia. The blood sugar of the patient was under control and for this medicine Stugeron was added because sugar level was under reasonable control, therefore, there was no necessity of giving insulin.

We are of the opinion that there is no negligence or carelessness of the opposite party Doctors while treating the patient though it was unfortunate that even after all best treatment and efforts patient has died due to Cardiac Respiratory Arrest.

To conclude, we find that there has been no negligence in diagnosis, investigation, examination, treatment and management of the deceased patient Nirmal Kumar Patni by the opposite party Nos. 1 to 5 doctors.

In the result, the complaint is devoid of merit and is dismissed with no order as to costs”.

Case of the appellant is:

2. Late Shri Nirmal Kumar Patni, who was the husband of the appellant No. 1 and the father of appellant Nos. 2 to 4 was a patient of diabetes and hypertension, and was treated by Dr. Shashank Vaidya for quite some time prior to 25.7.1995. On 25.7.1995, Shri Patni was advised to be admitted in the Apollo Nursing Home, Indore by Dr. Vaidya and upon the advice of the doctor, the complainants immediately got him admitted in the Apollo Nursing Home.

3. After the admission of the patient, Shri Patni, in the Nursing Home, Dr. Vaidya, Dr. Rajesh Kasliwal and Dr. Santosh Padhye were treating him continuously from 25.7.1995 till 29.7.1995, the date when the patient expired. Athale was also called on 27.7.1995 by Dr. Kasliwal and Dr. S.A. Vadiya. He died at the age of 62 years. The case of the appellant is that during his stay at Apollo Nursing Home, the opposite parties treated the patient with utter negligence and carelessness which caused his death.

4. Mr. S.K. Sharma, learned Counsel for the appellant argued that late Shri Patni was an old patient of diabetes and B.P. and he was admitted to the Apollo Nursing Home on 25.7.1995. He suffered from giddiness, vertigo and heaviness on the right side of the body. The provisional diagnosis indicated that there was haemorrhage inside the brain. He quoted certain extracts from Dr. Heeresh Chandra’s Medico Legal consultancy report dated 2nd August, 1997:

“The C.T. Scan was not done as the machine of the Nursing Home was out of order and, as such, immediate investigations which were of the prime importance were not conducted.

In the absence of the above investigation, correct diagnosis could not be made and treatment provided.

The patient was an established case of diabets and it was well known to the doctors. Fructose 10%, I.V. was given to the deceased patient without monitoring the urine for ketoasidosis. Insulin was not added to the drip.

Echocardiography for detecting the source of thrombosis and evaluation of ischemic heart was not done.

The doctors arrived at a conclusion that, there is a brain stem infarct. But the belated C.T. Scan done on 29.7.1995 did not suggest an