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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member
Smt. Rashmi Taryon & Ors. —Complainants
versus
Noida Medicare Centre Ltd.
& Ors. —Opp.Parties
Consumer Case No.235 of 2002
Decided on 5.10.2015
For the Complainants:Mr. Vineet Bhagat, Advocate with Mr. Satya Priya and Ms. Radhika Gupta, Advocates
For the Opp.Party Nos.1, 3 & 4:Ms. Rachna Gupta, Advocate
For the Opp. Party Nos.2 & 7: Already deleted
For the Opp. Party Nos.5 & 8: Nemo
For the Opp. Party No.9:Mr. Pradeep Kumar, Advocate
IMPORTANT POINT
Patient lost four fingers due to negligence of hospital staff, gross negligence and dereliction in duty of care, doctrine of res ipsa loquitur applicable, hold hospital liable for negligence to that extent.
Headnote:Consumer Protection Act, 1986 — Section 21 (b) — Medical negligence — Patient suffered thermal burns —Which treated properly by doctors at NMC(OP-1) — Patient suffering from various health ailments —His condition went on deteriorating because of infection, septicaemia and multi-organ failure — He was on of multiple drugs therapy like immunosuppressant, ATT, anti-diabetic etc. — Patient lost four fingers due to negligence of hospital staff — HELD — It gross negligence and dereliction in duty of care — Doctrine of res ipsa loquitur applicable — Hold hospital liable for negligence to that extent — It was additional trauma which patient suffered after renal transplant till his survival — Lump sum compensation of Rs.1000000/-will be just and proper. (Paras 24 to 25)
Result: Complaint allowed.
Dr. S. M. Kantikar, Member—Hepatitis C is one of the commonest chronic viral infections world-wide and has major healthcare and health economic implications.
Hepatitis C virus (HCV) infection is relatively common among patients with end-stage renal (kidney) disease (ESRD) on dialysis and kidney transplant recipients. HCV infection in hemodialysis patients is associated with an increased mortality due to liver cirrhosis and hepatocellular carcinoma. The severity of hepatitis C-related liver disease in kidney transplant candidates may predict patient and graft survival after transplant. Liver biopsy remains the gold standard in the assessment of liver fibrosis in this setting. Kidney transplantation, not haemodialysis, seems to be the best treatment for HCV+ve patients with ESRD.
1. The complainant, Smt. Rashmi Taryon, filed this complaint in 2002 against OPs alleging medical negligence, which caused death of her husband, Mr. Rajesh.
2. The brief facts of the complaint are that Mr. Rajesh Taryon, since deceased, (hereinafter referred to as ‘the patient’) was suffering from chronic renal failure (CRF). He was on regular dialysis on OPD basis since 3.10.1999. The patient approached OP 1/Noida Medicare Centre, NOIDA, U.P, consulted the OP 3/Dr. Sanjay Wadhwa, Head of Department of Renal Transplant unit and OP 4/Dr. Harsh Jauhri, a transplantation surgeon. Both doctors convinced the patient and complainant that, the Renal Transplantation (hereinafter referred as ‘RT’) is the only cure for such condition. Prior to RT, several medical check-ups revealed that the patient was suffering from hypothyroidism or adrenal insufficiency. The OP totally ignored those conditions. During mid-December, 1999, the OP 3 informed the complainant that, the patient was HCV negative, accordingly, the patient was admitted in OP 1 hospital, on 6.1.2000 and the RT was scheduled for 11.1.2000. Then, again OP 3 informed the complainant that, the pathologist Dr. Nalini K. Singh had wrongly informed him on telephone that deceased was HCV negative, but the patient was HCV positive.
3. Despite knowing the HCV positive status, OP 3 persuaded the patient and complainant for the need of RT, otherwise, treatment for HCV will consume at least 6 months by injections Interferon. The success rate of cure from HCV is only 20%. If at all any problem persists, it can be treated after the RT. Hence, believing the words of OP 3 and other OPs, the complainants agreed for the RT. Therefore, patient’s wife the complainant No. 1, Smt. Rashmi Taryon, donated her kidney and the RT was performed on 11.01.2000.
4. The complainant’s 1st allegation was that there was no immediate need for RT in case of HCV positive patient. The patient could have safely survived on dialysis, for a long time. Patient was discharged on17.1.2000, but the patient remained admitted in OP-1 NMC, till 3.2.2000. The 2nd allegation was that, prior to RT, the OP should have properly investigated and followed the condition of patient’s liver by proper instigations, like liver biopsy or viral load test. The RT was performed without informed consent; the doctors took patients signatures on blank pages. After RT, the patient was put on strict regime of immunosuppressive drugs. The 3rd allegation was a gross negligence on the part of hospital. The patient’s 4 fingers of left hand got severely burnt (thermal injury) during the operation, but the family members were informed that patient had sustained minor burns and wound will heal shortly. OP put heavy bandage on the burnt fingers. The patient was known to be highly diabetic; even then, OP gave high doses of insulin and other medicines, which further increased the risk. Subsequently, patient developed dry gangrene; hence his fingers were amputated on 30.6.2000. Subsequent to amputation, the Bilirubin and TLC (total leukocyte count) levels started rising continuously. The liver enzymes SGOT & SGPT were also on higher side.
5. The patient was admitted in OP-1/Hospital
