IMPORTANT POINT
Unless a person holds necessary qualification he should not perform job of Specialist.

S.M. Kantikar, Presiding Member—This Revision Petition has been filed by the Goyal Hospital & Research Centre Pvt. Ltd and its doctors Dr. Anand Goyal, Dr. Sharda Mathur and Dr. Shoba Parikh as Petitioners challenging the Impugned Order passed by State Consumer Redressal Commission, Circuit Bench, Jodhpur, Rajasthan,(in short State Commission) order dated 04/07/2011 in which State Commission upheld the Order of District Forum and further enhanced the compensation from 3,77,000/- to 6,82,000/-.

FACTS IN BRIEF:

Facts of the Complainants: Smt. Vibha Sharma (Vibha) wife of Complainant no. 2 Mr Raju Sharma, consulted Dr. Kailash Dubey on 11.02.1999 for her health problems who diagnosed her as volvular disease of the heart and advised her for further checkup from some Cardiologist. Accordingly, on 12.02.1999 complainant took his wife to, as per complainant, Dr. Anand Goyal (OP-2), who claimed himself a Cardiologist, conducted tests pertaining to heart problems on Vibha Sharma and diagnosed as Mitral Stenosis with Mitral Regurgitation (MS with MR) and started treatment. Meanwhile, Vibha became pregnant kept visiting regularly to Goyal Hospital for her pregnancy checkup with Dr. Sharada Mathur (OP-3) and for heart problems check up with Dr. Goyal (OP-2) till her 8 months of pregnancy i.e. till October 1999.During this period there was no improvement in the health of Vibha. During the course of the treatment, she was admitted twice to Goyal Hospital from 25 – 27/8/1999 and 21-23/10/1999 for minor complainants. During 8th month of pregnancy on 27/10/1999 Vibha visited the Goyal Hospital and the OP-3 referred her to Dr. R.K. Vyas, a Cardiologist for opinion. Dr. R.K. Vyas who on examination advised urgent hospitalization and further undergo delivery operation at the earliest. On same day by evening at about 5 pm OP-3 performed caesarian operation of Vibha and delivered a male baby. After delivery, Vibha’s condition deteriorated and landed in to coma and shifted to ICCU after four hours and on the next morning, she was declared dead on 28/10/1999. It is also stated that after delivery no relatives of Vibha were allowed to meet her.

FACTS OF RESPONDENTS:-

1) Dr. Anand Goyal (OP-2) denied the allegations of complainants that he was not competent Cardiologist to treat heart ailments. He has not denied the fact that “Consultant Physician and Cardiologist” printed on his prescription slip. As per him, he gave proper treatment for heart ailment of Smt. Vibha and did not commit any negligence. OP-3 contended that she treated Vibha only for her pregnancy and she had no concern with the heart ailment as well as role of anesthesia. As per OP-3 she has given correct and proper treatment to Vibha for pregnancy and time to time referred her to OP-2 for treatment of her heart ailment. Whatsoever and when on 27.10.99 as per the advice of Dr. R.K. Vyas, Cardiologist, her caesarian operation was conducted that time also he had not committed any negligence. As per him, Dr. R. K. Vyas himself was present during operation. As per him, no negligence was committed during the operation. He also contended that pre-anesthetic test of Vibha was done and before operation, her hemoglobin was also fully known. After operation, Smt. Vibha Sharma regained consciousness. As per OP-1, no one of them commit any negligence and whatever services required to be provided in view of illness of Smt. Vibha, no deficiency therein and prayed for dismissal of complaint.

2) Aggrieved by the death of Vibha complaint No.496/2005 was filed in District Forum (DF),Jodhapur alleging medical negligence of the OP No. 1 and other treating doctors. The DF vide it’s order dated 1/9/2006 held the Opposite parties guilty of medical negligence the parties and directed OPs to pay Rs. 3, 77,000/- .

3) Aggrieved by the order of District Forum both the parties filed appeals before State Commission. The petitioners herein preferred to file an appeal No.267/2007 while respondents/complainants fi