The main legal point established in the judgment is the application of the Bolam's test in assessing medical negligence and the importance of interpreting clinical symptoms and diagnostic tests in determining proper medical treatment.

ORDER

Mrs. Vineeta Rai, Member - First Appeal No. 65 of 2008 has been filed by Mr. G.K. Sabharwal and another, Original Complainants before the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) being aggrieved by the order of that Commission, which had granted them lesser compensation of Rs. 50,000 and Rs. 10,000 towards litigation costs against their claim of Rs. 20,00,000 and dismissed the complaint of medical negligence against OP Nos. 1, 4 and 5.

First Appeal No. 72 of 2008 has been filed by Dr. Rajiv Chawla and Santom Hospital, OP Nos. 2 and 3 before the State Commission, being aggrieved by its order holding them guilty of negligence in not conducting proper investigations in the medical treatment and directing them to jointly and severally pay the Complainants a lump-sum compensation of Rs. 50,000 along with Rs. 10,000 as costs. Since the facts and the parties in both appeals are common arising out of the same consumer complaint, it is proposed to dispose of these appeals by a common order by taking the facts from First Appeal No. 65 of 2008. The parties will be referred to in the manner in which they were referred to in the complaint i.e. Shri G.K. Sabharwal and Smt. Jaishree Sabharwal as Complainants, Dr. Satish Virmani as OP-1, Dr. Rajiv Chawla as OP-2, Santom Hospital as OP-3, Dr. Ranghir Sood as OP-4 and Sir Ganga Ram Hospital as OP-5.

2. In their complaint before the State Commission, Complainants had contended that their daughter Miss Sonal Sabharwal (hereinafter referred to as the Patient) aged about 19 years was running a fever of 103 on 03.10.1997 and was taken for medical treatment to one Dr. Satish Virmani/OP-1, who gave her medication and advised blood tests for Malaria, Hepatitis, Typhoid etc. The tests were negative for Malaria, Bilurubinas also Typhoid but since platelet counts were below normal limits, and Patient's condition did not improve, OP-1 advised Complainants to take her to OP-2, who was a Specialist. After examination of the Patient, OP-2 advised the Complainants to admit the Patient to Santom Hospital/OP-3 for necessary investigations and treatment. It was contended that although the blood tests conducted there were again negative for Malaria, all other symptoms, including very low platelet counts and high temperature were clearly indicative of Malaria but OP-2 did not give any medication for Malaria and on the other hand diagnosed it to be a case of viral hepatitis, for which treatment was given to the Patient till she was shifted to Sir Ganga Ram Hospital/OP5. Even in that hospital, there was delay on the part of OP-4 (Doctor of OP-5/Hospital) in starting the treatment since the Patient was brought at 8.30 a.m. on 7.10.1997 and by the time her treatment was started, her platelet counts had come down to 48,000. She was detected with Cerebral Malaria at a very late stage and even though Mefloquin was administered, it was too late. Patient was not put on life support nor was she taken to ICU. Because of the negligence on the part of all the OPs, the Patient could not be saved. Being aggrieved, Complainants filed a complaint before the State Commission requesting that they be awarded compensation of Rs. 20,00,000 with interest @ 24% per annum from the date of death of the Patient till realization for the irreparable loss suffered by them.

3. OPs on being served filed their written rejoinders. OP-1 contended that he had treated the Patient only for one day and after giving the required medication and advising blood tests immediately referred the Patient to a Specialist namely OP-2. OP-2 contended that he first saw the Patient on 5.10.1997 and since he was only having a consulting chamber without the required facilities for investigations and tests, he referred her to OP-3/Santom Hospital, where all the necessary investigations/tests were carried out. It was contended that the Patient had told OPs that she had gone to different hospitals and had comp