The main legal point established in the judgment is that the doctors owe a duty of care to their patients in deciding the treatment and its administration, and the complainant must prove that the doctors deviated from the standard medical practice.

S.M. Kantikar, Member

The Facts:

1. The complainant, Master Vaibhav Apurva Vohra, since minor, (herein after referred as ‘the patient’) was represented by Dr. Apurva Vohra. On 12.6.2001 Master Vaibhav, the patient was diagnosed for severe Idiopathic Aplastic Anemia (for short “Aplastic Anemia-AA”) by Dr. Sunil J. Parikh/OP 1. Patient was admitted in Bombay Hospital & Medical Research Centre (for short ‘Bombay Hospital’-OP-2) on 12.6.2001. Based on the diagnosis as AA, OP-1 started with Anti Lymphocyte Globulin (ALG) therapy for the patient. The ALG therapy was expensive, costing approximately Rs. 2 to 3 lakhs. The patient was hospitalized for 25 days. After the discharge, on 3.7.2001, patient was taken to home town Indore. Patient took supportive therapy at Bhandari Hospital and Research Centre at Indore. Thereafter, after gap of four months, patient approached OP-1 on 8.11.2001 and on the same day, OP-1 performed 2nd bone marrow biopsy, which revealed ‘Persistent Hypoplasia of bone marrow.’ Thus, there was marked improvement after ALG Therapy. Further, OP-1, to rule out Fanconi’s Anemia (for short, ‘FA’), advised Chromosomal breakage study. Accordingly, on 8.11.2001, OP-1 collected and sent blood samples to Jaslok Hospital/OP 3. It was alleged that, even though, patient was responding to ALG therapy, OP-1 unnecessarily insisted upon another test to rule out Fanconi’s Anemia. On 28.11.2001, OP 3 issued a report stating that the patient was having Fanconis Anemia, therefore, OP-1 abruptly stopped ALG therapy and started different line of treatment with Anabolic steroids from 25.12.2001 till 23.4.2002 (five months). But, due to change in treatment, patient’s health condition further deteriorated, which became out of control of OP-1. Then, OP-1 referred the patient to Hammersmith Hospital, London, U.K. for further opinion and treatment.

2. At Hammersmith Hospital, UK patient was investigated and Chromosomal studies were also performed. The diagnosis of FA was ruled out, and AA was confirmed. Accordingly, second course of ALG plus Cyclosporine was recommended, which was the same treatment administered in India. The parents were extremely shocked to know that OP 1 wrongly diagnosed Fanconi’s anemia. It was alleged that, before referring the patient to UK, OP-1 should have advised other family members for Chromosomal study to know genetic status. The complainants suffered huge financial loss and mental agony. It was further alleged that, the child/patient was unnecessarily given the anabolic steroids for five months which has a great potential side effect on the health of the child like, feminization, impotence, shrinkage of testicles, reduction in sperm count, development of breasts, difficulty or pain while urinating etc. Also, chances of rapid weight gain, liver damage and pre-mature heart attack or stroke are common. The child may also develop Psychological changes such as depression, irritability and aggression. The complainant has placed reliance on medical literature in this regard. The complainant submitted that the child manifested hirsuitism and weight gain. Due to alleged medical negligence on the part of treating doctor, the complainant filed a complaint before this Commission and prayed for compensation from all the OPs jointly and severally for a sum of Rs.1,38,06,000/- along with costs.

DEFENSE

3. The OPs filed written versions and denied the allegations of negligence, further submitted that the complaint is a complicated matter as it involves intricate questions of medical facts and law, therefore, it cannot be decided in summary manner. The OPs filed their respective affidavits of evidence separately. Defense of Dr. Sunil J. Parikh (OP-1) In defense, OP-1 submitted that he is a qualified hematologist and practicing for more than three decades having his own clinic. He is attached with the Bombay Hospital (OP-2). The complaint was filed with mala fide intention. There was neither any deficiency in service nor any u