IMPORTANT POINT
Death of patient does not always indicate medical negligence by Doctor.

Mrs. Rekha Gupta, Member—The facts relevant for the disposal of the present consumer complaint as per the complainants are that for the last two-three days the elder son of the complainant - Rahul had contracted a common cold and was having running nose and moderate grade fever. The complainant no. 2 got worried and suspected that her son might be suffering from pneumonia and accordingly complained to her husband about her suspicion. To rule out pneumonia, complainant no. 1 asked her to have Rahul’s chest x-ray and blood tests done.

2. On 24.10.2009, complainant no. 1 was required to attend a medical seminar/ conference at Chandigarh and he left for Chandigarh in the morning. Since the son of the complainants Rahul had some small health problems of coughing, fatigue and fever, while complainant no. 1 was leaving his home for Chandigarh complainant no. 2, expressed her desire to consult a physician. However, complainant no. 1 being a doctor himself was sure enough that there was nothing to worry about the illness of Rahul as the symptoms were only of common cold and fever, but just for the satisfaction of his wife he instructed her that till he got back home to take the help of Shri Amrit Chawla, who is their family friend, for getting the chest x-ray and other blood tests of Rahul done, just to rule out the possibility of pneumonia and, if necessary, to consult a physician. Accordingly, complainant no. 2 called Shri Amrit Chawla upon which he asked her to come to Sanjeevan Medical Research Centre (P) Ltd., 24, Ansari Road, Daryaganj as the Hospital was near to his place.

3. On 24.10.2009 in the noon, complainant no. 2 and Shri Amrit Chawla along with Rahul went to the hospital and an OPD card was prepared. In the OPD the son of the complainant was examined by Dr Anupam and the chest x-ray and blood for tests was taken. Upon receiving the chest x-ray Dr Anupam represented to the complainant no. 2 that Rahul is suffering from (Consolidation) pneumonia and insisted for immediately admitting Rahul in the hospital. In the presence of Shri Amrit Chawla complainant no. 2 requested Dr Anupam to telephonically apprise her husband, i.e., complainant no. 1, who himself was also a doctor, about the illness of Rahul. In the telephonic discussion Dr Anupam also informed to the complainant no. 1 that his son was suffering from severe pneumonia (Consolidation). Complainant no. 1 categorically warned him that his son Rahul had previously had a severe reaction with the antibiotics like Cephalaxin and Ciprobid and cautioned him that any highly sophisticated medicines were not advisable to be administered to the adolescent or person suffering from Duchenne Muscular Dystrophy (DMD). Hence, only in unavoidable circumstances should any sophisticated antibiotic be prescribed and also clearly instructed him that before administering of any such medicine upon his son proper sensitivity test, under the strict supervision of qualified doctor must be undertaken.

3. Out of greed Dr Anupam was adamant to admit the patient, knowing very well that indeed there was no requirement for hospitalisation of Rahul, as the chest x-ray was clear and there was no consolidation (pneumonia). As such on persuasion of Dr Anupam at 12.35 p m Rahul was admitted in the hospital and his admission was also informed to the Consultant Doctor, Dr Prem Aggarwal. The consent form for admission was signed by Shri Amit Chawla and also at that point of time he was served with the estimated bill of the hospital expenses for Rs.3,200/-.

4. After Rahul’s admission in the hospital at 1.00 p m he was shifted to ward. Dr Anupam who was handling the case of the complainants’ son, deliberately ignored and overlooked the precautions and every request of complainant no. 1 and for the reasons best known to him and prescribed such group of medicines against which he was categorically warned.

5. Rahul’s chest x-ray report of the Radiologist, Dr Nidhi Bhatnagar and the Haematology and Bio-chemistry