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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member
Vivek Jaimini & Ors. —Complainants
versus
M/s. Metro Hospital & Ors. —Opp.Parties
Consumer Case No. 217 of 2001
Decided on 15.5.2015
Counsel for the Parties:
For the Complainants:Mr. Gulshan Sharma, Advocate with Mr. S. K. Bharti, Advocate, & Complainant in person
For the Opposite Party Nos.1 to 3:Mr. S. K. Bhattacharya, Advocate, with Mrs. Seema Sharma, Advocate
For the Insurance Co.:Mr. Vishnu Mehra, Advocate, with Mrs. Sakshi Gupta, Advocate
IMPORTANT POINT
Negligence cannot be attributed to doctor so long as he performs his duties with reasonable skill and competence.
Headnote:Consumer Protection Act, 1986—Section 12—Medical services—Medical negligence—Maternity—Permanent damage to brain of mother due to Monocef reaction—Patient remained in coma throughout for about 4 years and then died—Condition of patient was due to AFE—As per medical literature this is a physiological phenomenon and may rarely occur during caesarian; due to anaphylactic reaction to fatal antigens—Negligence cannot be attributed to a doctor so long as he performs his duties with a reasonable skill and competence—Merely because doctor chooses one course of action in preference to other one available, he would not be liable if course of action chosen by him was acceptable to Medical Profession—No any negligence committed by OP doctors during treatment of patient as such—However, OP did not provide medical records to complainant within time, even OP produced medical records at a belated stage before National Commission—It has created lot of suspicion—It was an unethical act and a professional misconduct on part of OPs—Punitive costs of Rs.10 Lakhs imposed on OP, to be paid to complainant. (Paras 15 to 20)
COMPLAINT
The complainant, Mr.Vivek Jamini’s wife Mrs. Preeti Jaimini, since deceased, (hereinafter referred as ‘patient’), a 24 years’ old pregnant woman, was under treatment and follow up with the OP 2-Dr. Jyostna (Gynecologist) at OP-1, M/s Apollo Hospital, Jaipur. On 29.8.2000, she was admitted in OP-1 hospital. OP-2 assured for normal delivery, and shifted the patient to the labour room. Thereafter, at 12.40 a.m. on 30.8.2000, OP 2 informed the patient about decision to conduct delivery by C-section (LSCS) to save the child and the mother. Dr. Saurabh Jain, Anesthetist, was informed by OP 2 at 1.00 a.m., who arrived at 2.20 a.m and at 2.45 a.m., the patient gave birth to a baby girl, by C-section. The baby was handed over to the complainant. However, the patient and OT staff remained in the operation theater ( OT) for quite some time. It was further alleged that when the patient was under state of coma, Dr. Jyotsna and Dr. Saurabh Jain, informed the complainant that it was due to a result of Monocef injection, which was administered to his wife, without pre sensitivity test. It was further alleged that at about 5 AM, on 30.08.2000, her condition further deteriorated. The OP-doctor advised the complainant to take her to a better hospital, where I.C.U. facilities could be provided/availed. At about 6.30 A.M., the patient was taken to Tongia Hospital, where she remained from 30.08.2000 to 11.9.2000. The patient was again re-admitted in OP’s hospital, on 11.9.2000. OP gave the assurance that they will compensate the complainant by reviving her (patient) condition. However, there was no improvement, therefore, on 20.11.2000, the complainant took her home. She remained at home, till 29.11.2000, then she was taken to Poona Hospital, Pune, where she remained under the treatment of the Neurosurgeon, Dr. Nitin Kumar Londhe, from 30.11.2000 to 8.12.2000.
2. It was alleged that, prior to anesthesia, the patient was given a glass of water to swallow. The OP did not perform timely resuscitation in its hospital, which led to permanent damage to the brain. The OP did not give any discharge slip or medical records, while shifting the patient to Tongia Hospital. Thus, it was negligence committed by OPs; the patient remained in coma, throughout for about 4 years and died, on 21.8.2004.
3. The complainant lodged FIR, but the matter was hushed up due to political influence of OP. Thereafter, alleging negligence against OPs, the complainant, Mr. Vivek Jaimini, and baby Anjali (minor) filed this complaint before this Commission and prayed for compensation, amounting to Rs.8.5 crores under different Heads, as mentioned in the prayer clause. The complainant filed the affidavit evidence and medical records of the patient from Metro Hospital, Tongia Hospital and Pune Hospital, along with patient’s photographs taken at home, after surgery. The complainant also filed medical literature on drug ‘Monocef’ and other medical texts to support his case. The complainant submitted Exhibits (Ex) C-1 to C-67.
DEFENSE:
4. The OPs filed written version and resisted the complaint. The OPs have also filed Ext. P-1, P2 and P4. On behalf of OP 1 and 2, Dr. Jyotsana Singh filed an affidavit. She submitted that the complainant being satisfied with the efficiency of OP/Hospital, preferred his wife’s treatment. The OP-hospital has excellent OT and follows strict hygienic precaution. No one is allowed to enter into the OT, except doctor and assisting staff. After admission, patient was examined by the doctor and nursing staff. Due to foetal distress and maternal stress, the decision of LSCS was taken at 2.00 a.m. on 30.8.2000 to save the life of foetus. Accordingly, the relatives were informed. After informed consent, the LSCS was performed by OP 2. The patient was operated under spinal anesthesia because the patient was not fasting and has taken a glass of water also.
5. After delivery of baby, injection ‘Monocef’ was administered to the patient with pre-sensitivity test
