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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member, Dr. B.C. Gupta, Member
Shri Manishbhai Kantilal Joshi —Complainant
versus
Sheth P. T. Surat General Hospital & Ors. —Opp.Parties
Consumer Case No.366 of 2014
Decided on 9.2.2016
Counsel for the Parties:
For the Complainant:Mr. Rahul Trivedi, Advocate
For the Opp.Party Nos.1 & 3:Mr. R.K. Kohli, Advocate
For the Opp.Party Nos.2:Mr. Rohan Swarup, Advocate
IMPORTANT POINT
A doctor who has done Post Graduation in Medicine is fully competent to treat patient.
Headnote:Consumer Protection Act, 1986—Section 21—Medical services—Medical negligence—Death of patient—Pulmonary ailment— patient died early in the morning of 21.11.2012 on account of having succumbed to long existing chronic end stage respiratory disease—Being a Doctor of Medicine, doctor was competent to treat father of complainant who was suffering from long ailments—It is not as if only a super specialist in chest related disease can treat such a patient—A doctor who has done Post Graduation in Medicine is fully competent to treat patient—In almost all hospitals, Senior Doctors normally retire for the day in evening/night and it is only Junior Doctor such as Junior Residents and Senior Residents who remain on duty—Consultant is called if necessary depending upon condition of patient—There was no negligence on part of Doctor in leaving hospital and patient being treated by another Doctor in his absence—Complaint dismissed. (Paras 5 to 8)
Result: Complaint dismissed.
V.K. Jain, Presiding Member—Late Shri Kanti Lal C. Joshi, aged about 86 years, father of the complainant was admitted in Sheth P.T Surat General Hospital (Opposite Party No.1) on 19.11.2012. He was admitted under another doctor, but later put under the treatment of opposite party No.2 Dr. Sameer Gami. He expired at about 2.30 AM on 21.11.2012 while on ventilator. In the night of 20.11.2012, he was under the care of opposite party no.3 Dr. S.S. Indorwala after OP No.2 Dr. Sameer Gami had retired for the day. Alleging negligence in the treatment of his father, the complainant is before this Commission seeking compensation quantified at Rs.2 Crores along with cost of litigation quantified at Rs.50,000/-.
2. When this complaint came up for consideration on 26.09.2014, the learned counsel for the complainant submitted that the main grievance of the complainant was that the OP No.2 Dr. Sameer Gami had left for outstation when the deceased was still admitted in the hospital and was under his treatment, without giving the instructions to the OP no.3 Dr. S.S. Indorwala, who otherwise was not a qualified specialist in the relevant field.
3. In his reply, the OP No.2 Dr. Sameer Gami, who is a Chest Physician having obtained MBBS and MD degrees from B.J. Medical College, Ahmedabad, has inter-alia stated that the father of the complainant was suffering from chronic end stage disease, severe chronic obstructive pulmonary disease, fibrotic lung lesion and bronchiectasis. He was admitted to the hospital under the treatment of one Dr. Ketan S. Choksi though he (OP No.2) was also seeing the patient for the last few months as OPD patient. The deceased had been taking nebulizer and home oxygen support for six months before his death. Lung transplant, which was only option available in such a case was not suitable for him, considering his advanced age and therefore he had been put on steroids. He further stated in the reply that on account of critical sickness of his father in the evening of 20.11.2012, he planned to leave for out station and therefore he advised shifting the patient to ICU. In the evening of 20.11.2012 due to critical condition of the patient, he was initially advised non-invasive ventilator support. However, when his condition deteriorating, he was put on invasive ventilator after taking consent from the complainant and the condition of the patient was explained to his family members before the said consent was obtained. According to the opposite party no.2, he last saw the patient at about 8.00 PM on 20.11.2012. The patient died early in the morning of 21.11.2012 on account of having succumbed to long existing chronic end stage respiratory disease. It is stated in the reply that the patient was duly taken care of treating his treatment in the hospital and there was absolutely no negligence in the said treatment.
4. In their reply the Opposite Parties No.1 and 3 have maintained the stand taken in the reply of the opposite party no.2 and have stated that the patient was admitted with past history of Bilateral Centrilobulor Emphysemtous in the form of Hyperinflated lung with flattening of lobbes, Minimal subpleural opacity in the right upper lobe suggest fibrotic/old granulomatos lesion, Atherosierotic arotic changes and degenrative spinal changes along with Rounding of Trachear and filling defect in upper trachea. It is however stated in the said reply that the opposite party no.2 had treated the patient as per the standard protocol and practice but the patient succumbed to the chronic disease despite adequate treatment given to him. It is also stated in the said reply that the Opposite Party No.3 Dr. S.S. Indorwala is a qualified doctor, who was employed on regular basis with the opposite party no.1.
5. The learned counsel for the complainant has submitted during the course of arguments that the opposite party no.2 left for outstation on 20.11.2012 itself without giving proper instructions to the opposite party no.3 as r
