IMPORTANT POINT
f patient willfully chooses to withhold information from physician, physician cannot be liable for medical negligence.

Dr. S.M. Kantikar, Member— Brief facts of the Complaint :

The complainant Smt. Manju’s husband, late Mr. Anil Chawla,(hereinafter, “ a patient” consulted the Opposite party (OP-2), Dr. at his clinic (OP-1) for his long standing and recurrent cold problem since 10 years and he was taking anti-cold medicines for many years but often he had inability to breathe from the right nostril, snoring at night and bitter taste in throat during nasal infection with running nose . The OP-2 examined him and diagnosed as the cartilaginous nasal septum was grossly deviated to right side and blocking the nose on the right nostril. After X-ray and Endoscopy investigations the OP-2 advised the patient to undergo a surgery and date was fixed on 1st October, 1998. As the patient’s son, Dhruva, Complainant No.-3 was suffering from adenoid, OP-2 performed successfully, the adenoid surgery of Dhruva on 30th September, 1998 and was discharged on the same evening. On 1st October, 1998, since it was Dussehra as requested by patient OP-2 rescheduled the surgery for next day at 7.30 pm. Therefore, the patient reached the Nursing home of the OP-2 at 7.30 pm on 2.10.1998 straight from his office.

The Defence:

2. The OP-2 conducted operation of Septoplasty with functional endoscopic sinus surgery with left maxillary clearance using Caldwell Luc Approach under General Anesthesia on the patient. Dr. Rajesh Kolte was an anesthetist. It was clear that, after proper radiological (x-ray) and blood investigations it was confirmed that the patient had gross deviation of the cartilaginous nasal septum. Surgery performed by -OP2 on the patient was a non-invasive surgery, which has no surgical complications. Also, OP-2 as routine done endoscopy to determine the surgical steps.. The operation started at 8:50 p.m. and was completed in an hour.

3. The OP-2 Dr. Amit Chadha submitted that, the attendant of the patient called him at 11.25 PM there was sudden cessation of respiration. The OP-2 examined the patient whose Pulse and BP were not recordable. Therefore, all emergency measures were carried out by OP-2 and the Anesthetist Dr. Kolte. Immediately cardiac massage was one, patient’s throat was checked for secretions, blood, gauze, which were absent, then the patient was intubated immediately with endo-tracheal tube by the anesthetist. Intermittent positive pressure ventilation was given with 100% oxygen started by the anesthetist through the tube with the help of portable Boyle’s Machine apparatus. Cardiac massage continued, IV adrenaline, atropine, soda bicarb and I/C adrenaline were given but the patient did not respond. The OP-2 called the physician, Dr. Vinay Bhomia,(OP-3) who came at about 11.30 p.m. and in a couple of minutes he revived the patient with the help of DC shock and Intra Cardiac adrenaline. There was no secretions/blood, in the oro-pharyngeal tract. The patient was thereafter shifted to ICCU of Navneet Memorial Hospital and was put on to ventilator with I.P.P.R. mode. The patient was attended by Dr. Guha, the doctor in-charge of the ICCU, at that time. The OP No. 2, 3 and Dr. Kolte were also present there. Also opinion of Dr. Parindra Desai, Neuro-Physician was also taken. The patient was diagnosed to have suffered a cardio-respiratory-arrest.

Observations:

4. We have perused the affidavit evidences, the interrogatories and replies filed by the concern parties and relevant medical documents on file. The OP-2 is an ENT and Endoscopic Sinus Surgeon holding the Degrees of M.S. (ENT) and DLO and has been practicing since 1994.He is running a Nursing Home known as Jeevandhara Hospital (OP-1) having all facilities for ENT surgery.

5. The OP-2 further, contended that, the Complainants have concealed the material facts about the true condition/ diseases suffered in pasts, but later on OP-2 came to know about the concealed facts; even the Complainants have also not disclosed the reality in their complaint. In past the patient was admitted and