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2005 (2) CPR 450
KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE
Chandrashekaraiah, President, Smt. Rama Ananth & J.N. Srinivasa Murthy, Members
Channaveerashetty—Complainant
versus
Dr. Vijaya Kumar & Ors.—Opposite Parties
Complaint No. 38/96
Decided on 22-2-2005
Counsel for the parties :
For the Complainant :Sri T.R. Jayakeerthi, Advocate.
For the OP1 :Sri S.G. Bhagwan, Advocate.
For the OP2 & 3 :Sri A.M. Venkatesh, Advocate.
For the OP4 :Sri V.A. Mohanrangam, Advocate.
IMPORTANT POINT
When a private hospital was not adequately equipped to treat epilepsy patient which required constant supervision of
neurologist and patient died on 5th day
of his admission in hospital, it would
amount to deficiency in service on part of hospital.
Headnote:Consumer Protection Act, 1986 — Section 12 and 17 — Medical Negligence — Complainant’s son aged 30 years suffered fits disease was admitted in opp. party No. 1 hospital on 26-4-1995
where he was treated till on 1-5-1995 he died — Complaint alleging negligence and deficiency in service — Defence plea that despite fair, reasonable and
competent degree of care and skill in treatment, patient died — Questions for consideration whether opp parties were not duly qualified for providing course of treatment and that opp. party No. 1 hospital was not fully equipped to treat the patient — Burden was heavy on
complainant to prove negligence and
deficiency — Opp. party No. 1 was ENT surgeon and opp. party No. 2 was
Psychiatrist but not Neurologist — Victim deceased was not treated by
Neurologist for epilepsy — Qualification of opp. party No. 2 as neuro psychiatrist was not in par with neurologist —
Opp. parties were aware that patient
was a known epileptic patient — Failure of dependant of patient to act in
taking away the patient from hospital could not be a ground for opp. party
No. 1 to retain the patient when it had no infrastructure to treat him — Case sheet showed that condition of patient worsened day by day and ended in
cardiac arrest — Opp. parties 2 to 4
had done their best and no negligence was apparent but opp. party No. 1 was
deficient in service — In the facts
and circumstances a compensation of
Rs. One lac awarded in favour of complainant against Opp. party No. 1 and
if not paid in six weeks amount to
carry interest at 12% from date of complaint.(Paras 16, 17 & 19)
Result : Complaint allowed.
J.N. Srinivasa Murthy, Member
— This complaint is filed by Channa-veerashetty, for the compensation of Rs. 9,71,500/-, for future loss of Rs.
9,50,000/-, mental agony Rs. 20,000/-, legal notice charges Rs. 500/-, expenses of filing the complaint of Rs. 1,000/-, after enquiry against Dr. Vijay Kumar, owner of Ashraya Hospital, Chikmagalur, Dr. Venkatesh of Ashraya Hospital, Dr. Krishna, Dr. Patric, Physician, District hospital, Chikma-galur visiting doctor of Ashraya Hospital.
1. The brief facts are that complainant is from Belur, Pump house road, Door No. 12, living for the last 40-45 yrs., and tethers cow and sell milk, along with his wife of 55 yrs. 4 daughters and 1 son Ravi aged 30 yrs., and himself aged 70 yrs. His only son Ravi trades in rice, paddy, ragi, and manages the family. During harvesting seasons, he earns Rs. 5 to 10,000/- per month. After the marriage of 4th daughter, Ravi wants to marry. Complainant is searching boys and girl for marriage of his daughter and son. In 1995 around about April, his son Ravi Kumar suffered fits disease, and was treated for 2-3 days in Govt. Hospital, Chikmagalur, and on the doctors advise, he was taken in a hired car to Chikmagalur, and was admitted in Ashraya hospital. His head x-ray was taken, and assurance was given to them to cure in that hospital. Treatment was given till 1-5-1995 but their son died there on 1-5-1995. Except taking head x-ray, no investigation was made for nerves disease, nor any advise was given to them to take the patient to Manipal hospital or Nimhans, Bangalore where there are facilities for higher treatment. But, above mentioned doctors, who are not neurologists gave assurance to cure the fits disease. They also threatened the complainant and his family, that if patient is taken to any other hospital there is a danger to his life. They treated the son till his last breathe, as they thought, and made him a scapegoat, and are responsible for his untimely death. They did not find out any reason for the fits disease, which started 2 months earlier. Even though they had no facilities and higher level equipment in the hospital they went on prescribing medicines as they liked. Inspite of complainant telling the above doctors that if they cannot cure his son, he will take him to some other place, they insisted that they will cure his son’s disease. By wrong operation and treatment of their only son, they killed him and deprived them of a person, who could look after in their old age, and the parents are put to lot of sorrow. Dr. S.C. Mogappa Shetty retired Dist. Surgeon, brother of his wife retired in 1994 had come for their son’s funeral in Belur, heard the treatment given to my son, and felt worried, went to Ashraya Hospital and saw the records of treatment of the son, and enquired the doctors there, and found that death of the son was a result of negligence of doctors and wrong treatment. Legal notice was issued to the above doctors, who replied them. It is told that the patient of late has fallen from height and there was more possibility of internal bleeding in the head, and the doctor who has treated it should have got investigated for scanning and other tests in Nimhans having better facilities, to ascertain the correct reason for fits, and apart from it, when intracraemal pressure has increased due to bleeding in the brain, if glucose is injected, then internal pressure increases further, which is wrong treatment, as told by Dr. S.C. Mogappa Shetty. The medicine required to be given for nervous weakness, is given to fits patient, which has affected the patient adversely. Doctors had suspicion that patient may not survive, but instead of sending him for better treatment, retained him till his last breath, and have become cause for his death. It is natural that when a doctor is treating patient, to show him to expert doctor and take opinion. But OPs though not specialists saw the patient one after another, and collected fee of Rs. 330/- from the compla
