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2009(1) CPR 1
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI
K. Sampath, President; Gunasekaran, Member.
Master Eric Fernando
and Ors. —Complainants
versus
Dr. Suresh Chelliah and Ors. —Opp. Parties
O.P. No. 14/2002
Decided on 6.12.2007
IMPORTANT POINT
Where the doctor allowed the Bilirubin direct and indirect levels to shoot much above normal range inspite of laboratory reports and delayed Exchange Transfusion by several days, he has to be held careless and negligent in discharge of his professional duties.
Headnote:Consumer Protection Act, 1986—Sections 2(g)(o), 17—Medical negligence—Compensation—Baby on 5.2.2000—Pathology report showed him to be suffering from jaundice—O.P. No. 1 put him under phototherapy—There was no response—Serum Bilirubin went up day by day—Continued with phototherapy till 11.2.2000 while ought to have resorted to Exchange Transfusion—Opinion of medical authorities that Exchange Transfusion has to be done when Bilirubin level goes above 20mg/dl.—Exchange Transfusion ought to have been done on 7.2.2000 itself—Baby developed signs of mental retardation and delayed milestones besides significant handicaps—O.P. No. 1 relied on his clinical examination which he ought not to have done when child had jaundice from day one—There being wide variance in laboratory report did not utilize service of third lab—Child has doomed future—Parents have to take care of the boy for rest of their life and life of the boy—Boy will continue to need treatment—His face asymmetrical—Speech problem and problem in positioning neck and eyes—Not looking normal—O.P. No. 1 cannot disown responsibility for such predicament of the boy—Held guilty of deficiency in service—Compensation of Rs. 50,000/- towards medical and hospital expenses, Rs. 3,00,000/- towards physical and mental handicaps for agony throughout his life Rs. 3,00,000/- and for mental agony of parents Rs. 2,00,000/- ordered with interest @ 9% p.a. (Paras 16 and 17)
Result: Appeal allowed.
K. Sampath, President—The prayer in the complaint is for a direction to the 1st opposite party to pay damages to the complainants under the following heads,
(a) Medical and Hospitalisation Expenses Rs. 1,00,000/-
(b) Physical and Mental Handicaps to the 1st complainant Rs. 5,00,000/-
(c) Agony bound to be suffered by the 1st complainant throughout his life
Rs. 10,00,000/-
(d) Agony and mental agony for the 2nd and the 3rd complainants throughout their life as parents of handicapped child Rs. 3,00,000/-
on the following allegations. The 3rd complainant became pregnant in May, 1999 and was under the treatment and pre-natal care of the 2nd opposite party. She was having regular check-ups since July 1999. As per the advice of the 2nd opposite party, the 3rd complainant was admitted by the 2nd complainant in the hospital run by the 2nd opposite party for delivery on 5.2.2000. The 1st complainant was born on 5.2.2000 at 2.25 pm. The 3rd complainant was a known diabetic. The 2nd opposite party therefore anticipated neonatal problems for the 1st complainant, called in the 1st opposite party to advice her during delivery and also referred the 1st complainant to the 1st opposite party for further management and treatment. The 1st complainant was separated from the 3rd complainant and admitted to the 3rd opposite party hospital. The 1st opposite party took blood samples from the 1st complainant, sent them to the 4th Opposite Party Sea Horse Hospital for analysis and report. Sea Horse Hospital reported that the 1st complainant had jaundice; that the level of Bilirubin direct had been on the rise. The details of the report are as under:
Date Bilirubin Direct Bilirubin Indirect Bilirubin Total Units mg/dl
5.2.2000 0.40 4.50 4.90
6.2.2000 0.65 15.75 16.40
7.2.2000 0.84 27.76 28.60
8.2.2000 0.77 33.83 34.60
11.2.2000 4.10 47.90 52.00
11.2.2000 3.83 39.07 42.90
(Pre Transfusion)
11.2.2000 1.50 24.00 25.50
(Post Transfusion)
12.2.2000 2.13 39.87 42.00
12.2.2000 0.96 22.64 23.60
12.2.2000 1.47 18.03 19.50
13.2.2000 1.38 21.22 22.60
13.2.2000 0.94 13.46 14.40
The 1st opposite party had put the 1st complainant under Phototherapy. There was no response. Serum Bilirubin had been going up day by day. The 1st opposite party without minding the increase, in a careless and negligent manner, continued with Phototherapy till 11.2.2000 on which date the Bilirubin level reached 52.00 mg/dl. The 1st opposite party ought to have resorted to Exchange Transfusion when the total Bilirubin level crossed 20 mg/dl. and did not respond to Phototherapy. The 1st opposite party failed to inform the complainant about the consequences of excessive Bilirubin level. All medical texts by leading authors and medical authorities say that Exchange Transfusion has to be done when the Bilirubin level went above 20 mg/dl. Exchange Transfusion in the instant case ought to have been done even on 7.2.2000. The 1st opposite party advised Exchange Transfusion only on 11.2.2000. The Exchange Transfusion was done as advised on 11.2.2000 and 12.2.2000 and the 1st complainant was discharged on 18.2.2000. The complainant paid Rs. 2000/- to the 1st opposite party besides Rs. 8,660/- paid to the 3rd opposite party hospital. The 1st complainant was always crying and had fever and was again admitted by the 1st opposite party at the 3rd opposite party hospital on 22.2.2000 and was discharged on 26.2.2000. The problem continued and the 1st complainant was admitted on 1.3.2000 and discharged on 20.3.2000. The 1st complainant was always crying and the crying was not normal and he also did not respond properly. On 25.4.2000 the 1st complainant was again taken to the 1st opposite party for check-up since the growth was not normal and there was no stiffness in the child’s neck and there was no head control. When the 2nd and the 3rd complainants raised questions about the health of the 1st complainant, the 1st opposite party did not disclose anything but said that everything was normal. The 2nd and the 3rd
