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2008(1) CPR 244
UNION TERRITORY CONSUMER DISPUTES REDRESSAL COMMISSION, CHANDIGARH
K.C. Gupta, President; Major Gen.(Retd.) S.P. Kapoor and Mrs. Devinderjit Dhatt, Members
Amarjeet Singh Pathak —Complainant
versus
Guru Teg Bahadur Shaib(C) Hospital and Anr. —Opp. Parties
R.B.T. No. 10 of 2007 in Complaint Case No. 19 of 2003
Decided on 9.1.2008
Counsel for the Parties:
For the Complainant:Sh. Amit Rawal, Advocate
For the Opp. Parties:Sh. B.B.S. Sobti, Advocate
Headnote:Consumer Protection Act, 1986—Sections 17 and 2(1)(g)(o)—Medical negligence—Complaint alleging gross negligence on the part of OPs which lead to brain haemorrhage and ultimately death of his wife—Deceased was admitted in OP No. 1 hospital with severe pain in her chest—OP No. 2 gave her streptokinase injection(STK) to control mycordial infraction without proper tests—due to administration of STK injection patient developed severe pain in her head—Complainant, not satisfied with treatment, shifter her to another hospital—There CT Scan of her brain was done which revealed haemorrhage of brain surgical evacuation of haematoma was done but her condition did not improve and she expired and 13.6.2002—OPs denied allegations and produced expert evidence in support of their case—No expert evidence produced by complainant that alleged brain haemorrhage to deceased had taken place due to administration of STK injection—gives by OP No. 2—No nexus has been found between the cause of death and treatment given by the OPs—Complaint dismissed. (Para 12)
Facts of the Case:
Smt. Manorma Pathak, aged 63 years, with of complainant was admitted in OP No. 1 hospital an account of pain in chest on 29.5.2002 at about 10.00 am. She was administered streptokinase injection(STK). Due to this injection, she developed severe pain in her head during the night of 30.5.2002. This was brought to the notice of staff of OP No. 1 and OP No. 2 who visited the patient on 30.5.2002 and 31.5.2002 but no alteration was paid by them. Instead of diagnosing cause of serve paid, OP No. 2 gave her pain killer compose only. As OP No. 2 and staff were negligent is not attending to repeated complaints of her wife, complainant shifted her to Hero DMC Heart Institute on 1.6.2002.
Hero DMC Hospital Heart Institute immediately an admission referred her to Dayanand Medical College for scanning of head and brain. In the CT Scan of her head and brain, it was mentioned that haemorrhage of brain have occurred due to administration of STK injection. Dr. Bansal, Neurologist, was called for treatment and she was put a conservative management.
But her condition deteriorated on 2.6.2002 and thus on surgical evacuation of haematoma was done and she was put an ventilatory support. But her condition did not improve and ultimately she expired on 13.6.2002.
Alleging gross negligence on the part of OPs, complaint was filed compensation of Rs. 32.00 lacs in State Consumer Disputes Redressal Commission, Punjab at Chandigarh which was later transferred to this Commission.
OPs contested the complaint denying all the allegations particularly the allegation that patient referred hemorrhage on account of administration of STK injection and stated that proper standard treatment was given to Smt. Manorma Pathak. OPs also filed affidavits of expects in the filed in support of their submission complainant did not adduce any expect evidence.
Finding of the Commission:
There is no satisfactory evidence that OPs had treated the wife of complainant in gross negligent manner which led to brain haemorrhage and ultimately death of her.
Result: Complaint dismissed.
Justice K.C. Gupta, President—Briefly stated the facts are that Smt. Manorma Pathak, Aged 63 years was wife of the complainant Sh. Amarjit Singh Pathak. She was admitted in Guru Teg Bahadur Sahib(C) Hospital(OP No. 1) in emergency ward on 29.5.2002 in between 10 A.M. to 11 A.M on account of pain in her chest and remained admitted till 1.6.2002 in the hospital. She was under treatment of OP No. 2 i.e. Dr. Harkamal Kaur Sidhu who was M.D in Medicine and she had administered streptokinase injection(STK) in the evening of 29.5.2002 as is evident from LAMA summary annexed as Annexures C-1 and C-2. It was next averred that due to the administration of streptokinase injection, his wife(Smt. Manorma Pathak) developed severe pain in her head during the night of 30.5.2002, which fact was brought to the notice of emergency staff and also OP No. 2 who visited the patient on 30.5.2002 and 31.5.2002 but no attention was paid towards her severe pain. Instead of diagnosing the cause of severe pain, OP No. 2 gave her pain killer medicines such as calmpose injection, which fact was evident from the invoice No. 1557 dated 30.5.2002 vide which the medicine was purchased. The copy of the cash memo is Annexure C- 3. In fact, OP No. 2 and the staff were grossly negligent in not attending to the repeated complaints regarding severe pain in the head made by the patient and took it very lightly. Left with no alternative, he shifted his wife to Hero D.M.C Heart Institute and got her admitted there on 1.6.2002 as the doctors of OP No. 1 instead of diagnosing the actual cause of severe headache only said that it was psychological.
2. It was next averred that Hero D.M.C Heart Institute immediately on admission referred her to Dayanand Medical college for scanning of head and brain, which fact was evident from LAMA Summary issued by Hero D.M.C Heart Institute, a copy of which is Annexure C-4. In the D.M.C Hospital, Ludhiana on 1.6.2002, CT scan of her brain was done and in the report, it was mentioned that Hemorrhage of brain had occurred due to side effect of administration of STK injection. The copy of CT scan report dated 1.6.2002 is Annexure C-5. It was further averred that as per CT scan report, the brain hemorrhage was detected and Dr. Bansal, Neurologist was called for treatment and she was put on conservative management and her level, of consciousness deteriorated on 2.6.2002 and thus, surgical evacuation of haematoma was done and she was put on ventilatory support and on 5.6.2002, the Pupils became unequal and repeated CT scan revealed RT. EDH. Consequently, emergency re-exploration of wound and evacuation of EDH was done but her condition did not improve and all efforts to stop bleeding proved futile and ultimately she expired on 13.6.2002 due to the gross negligence of OPs No. 1 and 2. It was next averred that the cause of brain hemorrhage suffered by Smt. Manorma Pathak was on account of wrong and improper administration of STK injection as proper care was not taken and before administration of STK injection, CT scan was not done and even after administration of such injection, scanning should have been performed and coagulant treatment should have been started but no such precaution was observed, which led to brain hemorrhage and ultimately her death.
3. It was further averred that she was working as Librarian and also an income tax assessee having property income and would have lived for a longer period as her relations have also lived for a longer period. With these allegations, he prayed that he be granted compensation of Rs. 32 Lacs as detailed in Para 13 of the complaint i.e. Rs. 4,50,000/- on account of loss of income; Rs. 2,00,000/- on account of expenses for medical treatment; Rs.10,00,000/- for loss of love and affection; Rs. 50,000/- on account of transport expenses as well as expenses of last rites and Rs. 5,00,000/- on account of deficiency in service. The complaint was filed in State Consumer Disputes Redressal Commission, Pu
