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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
N.P. Kaushik, Member (Judicial)
Shri B.R. Saini and Ors. —Complainants
versus
Lions Hospital & Research Centre and Ors. —Opp. Parties
Complaint No.161 of 2003
Decided on 18.4.2017
IMPORTANT POINT
Hospital cannot be allowed to wriggle out of its responsibility of entertaining only those patients for whom he had requisite equipments.
Headnote:Consumer Protection Act, 1986—Section 17—Medical services—Medical negligence—Neuro-Surgery—Death of patient—Complaint is based mainly on allegation that hospital did not have facility of CT Scan because of that patient’s condition could not be monitored immediately after surgery—Hospital cannot be allowed to wriggle out of its responsibility of entertaining only those patients for whom he had requisite equipments—No specific negligence or deficiency in service is imputed to Doctor by complainant—Compensation of Rs. 24,56,000/- as claimed by complainant is not on higher side—Hospital directed to pay amount of Rs. 24,56,000/- along with 8% interest. (Paras 22 to 29)
Result: Complaint allowed.
N. Pkaushik, Member (Judicial)—The deceased Shri Trilok Singh was admitted to Lions Hospital& Research Centre, New Friends Colony, New Delhi (in short OP No. 1) on 19.11.2001 with the symptoms of headache for five months, occasional vomiting and urinary in-continence for ten days. Prior to this, patient was examined by Dr. Braham Prakash on 16.11.2001 with all test reports who had advised surgery of the brain. Accordingly the patient was operated upon on 20.11.2001.
2. The complainant who happens to be the father of deceased Trilok Singh submitted in his complaint that he went to the hospital staff for delivering the blood where he was informed that OP No. 1 hospital did not have the facility of keeping the blood. OP No. 2 Dr. Braham Prakash (since deceased) reached hospital late and the surgery could be started only at 11.15 a.m. It was however scheduled for 10.30 a.m. OP No. 2 Dr. Braham Prakash informed the complainant that there was excessive bleeding during surgery. OP No. 2 did not inform him if the surgery was successful or not. Before proceeding further, it may be mentioned here that OP No. 2 Dr. Brahm Prakash died during the pendency of this complaint on 19.05.2004 and amended memo of parties was filed by the complainant impleading his son, wife and daughter. United Insurance Company Ltd. was also impleaded as OP No. 4 as professional risk of Dr. Braham Prakash was covered under an insurance policy. Similarly New India Insurance Company Ltd. was impleaded as OP No. 8 being the insurer covering the professional risk in respect of the services of Dr. Ashish Srivastava. now impleaded as OP No. 3.
3. Submission of the complainant is that Dr. Braham Prakash and Dr. Ashish Srivastava conducted the surgery on 20.11.2001, they both being the neurosurgeons. After the surgery, patient became drowsy and his condition deteriorated. Further the patient became unconscious. He went into coma on 24.11.01 at 9.00 a.m. He developed complication of respiratory depression and suffered cardiac arrest. He died at 7.35 p.m. on 25.11.2001 in OP No. 1 hospital. Father of the deceased Shri B.R. Saini filed the present appeal in this Commission on 24.11.2003.
4. This Commission vide its letter dated 29.12.2010 referred the matter for experts medical opinion. Medical Supdt., R.M.L. Hospital, New Delhi provided the expert opinion to this Commission. Relevant portion of the same is reproduced below:
“The board examined the available medical records of the patient Trilok Singh. As per the available medical records, Shri Trilok Singh (37 Yr. M) was operated at Lions Hospital & Research Centre on 21.11.2001. The surgery went uneventful. Patient was conscious and oriented and obeyed verbal commands in the immediate post-op period. Vitals were normal. However in the evening patient became drowsy. At the first sign of deterioration, immediate NCCT of Head should have been done for an appropriate management which was not done in the case.”
5. Complainant also filed an RTI application in RML Hospital, New Delhi. RML Hospital, New Delhi informed: “A Neuro Surgical Centre should have all the required facilities including C.T.Scan for diagnose as well as follow up”.
6. Death summary of the patient as prepared by OP No. 1 hospital reads as under:-
“37 year old Trilok Singh was admitted with complaints of episodic headache for 5 months, occasional vomiting and urinary incontinence for 10 days. MRI brain showed Rt frontal meningioma with significant mass effect.
Rt frontal craniotomy and excision of meningioma was done on 20.11.2001. Immediate post-up period was uneventful but on 21.11.2001, he developed drowsiness, which progressively worsened. Mannitol and eptoin therapy was initiated but he showed no improvement. Repeat CT Scan showed sever perioperative and generalized bilateral oedema with midline shift towards itside.
Ventilatory support was initiated as he developed respiratory depression. Tracheotomy was also done. His general condition pro
