IMPORTANT POINT
Doctor cannot be held guilty of medical negligence if his conduct is not below normal standard of a reasonably competent practitioner in his field.

Chandramauli Kr. Prasad J.— The complainant-appellant, aggrieved by the order dated May 27, 2011 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as ‘the National Commission’), setting aside the Order dated July 14, 2006 of the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) granting her compensation of Rupees five lacs, has preferred this Special Leave Petition.

2. Leave granted.

3. Bereft of unnecessary details, facts giving rise to the present appeal are that the complainant-appellant Mrs. Kanta, aged about 55 years at the relevant time, suffered acute chest pain in the last week of August, 1999. She consulted a medical practitioner at Amritsar who found her symptoms to be of heart attack. Accordingly, she was advised to obtain opinion and treatment of a cardiologist and cardio vascular surgeon. She was taken to Jalandhar by her family members where they consulted Dr. Raman Chawla (Respondent No.2 herein), attached to Tagore Heart Care and Research Centre Pvt. Ltd., hereinafter referred to as ‘the Research Centre’, (Respondent No.1 herein). Dr. Chawla examined the complainant clinically on September 1, 1999 and conducted Echo test. Dr. Chawla noticed that there was possibility of blockages which needed appropriate confirmation and medical treatment and accordingly he advised for admission of the complainant in the Research Centre for conducting angiography. It was made known by the complainant that she is allergic to almost all the antibiotics except few. Dr. Chawla with the consent of the complainant’s son, a medical practitioner, decided to conduct angiography on September 2, 1999.

4. It is the allegation of the complainant that the angiography was to be performed in the morning of September 2, 1999 but it was not done at the scheduled time but was performed in the afternoon. The complainant was not allowed to take any food the previous night. The complainant has alleged that during the angiography procedure, she felt severe pain in the abdomen and brought the said fact to the notice of Dr. Chawla but he ignored the same and continued with the procedure. After the procedure was completed, according to the complainant, she was shifted to the recovery room. Angiogram showed LAD artery blockage to the extent of 95 per cent. It has been specifically alleged by the complainant that Dr. Chawla took consent of her son for performance of PTCA or angioplasty for removal of the blockage, yet it was given up in the midway after about 15-20 minutes on the pretext that she was allergic to many drugs. According to the complainant, she was shifted to Intensive Care Unit (ICU) and though she had severe pain throughout the night, yet nobody attended her. On September 3, 1999, according to the complainant, Dr. Chawla alongwith another consultant namely Dr. Suri examined her who found pulse of her right leg practically absent and as such he reprimanded Dr. Chawla. The complainant was discharged from the Research Centre and thereafter she came to Delhi and consulted Dr. Trehan of the Escorts Heart Institute, Delhi and was admitted in the said Institute on September 13, 1999. Another angiography was conducted at the Escorts Heart Institute through radial artery of the right arm and on that basis, according to the complainant, Dr. Trehan opined that aorta dissection has taken place during the angiography procedure done by Dr. Chawla at Tagore Heart Care and Research Centre, Mahavir Nagar, Jalandhar, Punjab and that was iatrogenic in nature. Ultimately, she had undergone angioplasty on October 18, 1999 and was discharged after ten days.

5. The complainant alleged medical negligence on the part of Dr. Chawla and the Research Centre while conducting the angiography on September 2, 1999 resulting into dissection of aorta. She has alleged that she had to obtain further treatment and due to the sheer negligent act of Dr. Chawla incurred heavy expendi