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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. S.M. Kantikar, Presiding Member & Dinesh Singh, Member
Yashumati Devi & Anr. —Complainants
versus
Christian Medical College —Opp.Party
Consumer Case No. 38 of 2010
Decided on 11.8.2020
For the Complainants :Mr. Jai Dehadrai, Ms. Srishti Kumar, Mr. Prashant Vaxish and Mr. R. Krishnaamorthi, Advocates
For the Opposite Party :Ms. Rashmi Virmani and Ms. Manasi Kumar, Advocates
IMPORTANT POINT
Deviations from accepted standard of care and standard medical protocol amounts to medical negligence.
Headnote:
Consumer Protection Act, 1986—Section 21 [Consumer Protection Act, 2019—Section 51]—Medical services—Medical negligence—Death of patient after dose of Heparin injection— Complainants alleged that OP fell below accepted standard of care when they failed to despite patient’s neurological decline after administration of 3rd dose of Heparin and moreover failed to hold future 4th Heparin dose administration—It was a direct result of deviations from accepted standard of care, patient was improperly administered Heparin, causing an intra-cerebral haemorrhage and resulting in a stroke and death—Had doctors therein complied with accepted standard of care, patient would not have been over anti-coagulated and would not have suffered brain haemorrhage that caused his stroke and the death—Deficiency / negligence is conclusively established—Complaint allowed—Compensation quantified at Rs. 25 lakh with 8% interest. (Paras 6 and 7)
Result: Complaint allowed.
ORDER
Dr. S. M. Kantikar, Presiding Member—Complaint:
On 10.06.2009 Mr. Raj Ballav Ram, aged about 58 years (since deceased, for short the ‘patient’) visited the Out-patient Department (OPD) at Christian Medical College, Vellore (for short “CMC/Hospital”- the OP). He was known diabetic and hypertensive. Since year 2006, he was suffering off and on pain in his left arm on exertion, walking and/or climbing the stairs. His Treadmill Test (TMT) done elsewhere was positive and he informed the some to the doctors at CMC. The patient got admitted in CMC as a private patient. On next day, after examination, it was diagnosed as a case of Coronary Artery Disease (CAD) [effort angina NYHA class 2].
2. On the 13.06.2009, Dr. Oomen K. George, the treating doctor advised patient to undergo ‘Coronary Angiogram’ (CAG) test and if needed, Angioplasty be done at the same setting which will be economical. On the same day, the complainants deposited Rs. 1,50,000/- in the hospital. On 14.06.2009, Dr. Oomen K George while conducting the CAG expressed that it would be better for patient to undergo Coronary Arterial By-pass Graft (CABG) surgery instead of angioplasty to avoid multiple stenting. Due to long waiting list, the patient’s CABG was not possible within 15 days and therefore no specific date was fixed for CABG. On 16.06.2009, Dr. Sujit discontinued medicines Ecospirin and Clopidogrel, and started Heparin 5000 units 6 hourly. It was alleged that Heparin was started without any laboratory investigations or monitoring protocol. The Complainant no. 2, noted some bleeding at the site of insertion of the intravenous needle, it was informed to the nurse, but despite repeated requests the doctors ignored it. On 17.06.2009 in the morning at 08.30 am the 3rd dose of Heparin injection was given and after about an hour patient showed signs of sudden numbness of his left arm and trouble in walking and/or wearing slippers. Coincidentally there were four doctors including Dr. George Joseph the Head of the Department - Cardiology-I unit saw the patient and confirmed that the patient seems to have suffered a mini stroke and immediate CT Scan to be done, however but Dr. George Joseph did not do stroke evaluation. It was further alleged that around 11.00 AM the patient was transferred to the Thoracic surgery unit in Semi-ICU i.e. 3 ½ hours after the onset of stroke. At around 11:15 AM the neurologist came for primary evaluation of the patient and suggested ‘CT Brain-Plain study’, but the CT scan was delayed till 12.30 PM. The staff told the 2nd complainant to remit and get a receipt of Rs. 1850/- for the CT Scan, though they have already deposited Rs. 150000/- as an advance. The doctor in thoracic surgery told the complainant that now it became neurology problem and thence the neurology dept. will look after the patient. Due to such condition of patient the CABG was deferred. The Neurosurgeon after seeing brain CT Scan report informed the complainants that as the patient already progressed into coma, nothing more could be done. Finally, doctors suggested the family that they should accept the inevitable event and instead of wasting money allow them to withdraw ventilator support. Thereafter, the 2nd complainant met and discussed about the condition of the patient with few doctors in CMC namely Dr. Roy Thanka Chen, Dr. John Korula, Dr. Binila Chacko. They expressed the delay caused for stroke management was fatal and it was due to lapses in the hospital. It was alleged that on 17.06.2009 the patient suffered stroke in the morning at 08:30 AM, since then the doctors at CMC virtually did nothing till 10.30 PM and after long struggle the patient died on 20.06.2009 at 6.30am. Being aggrieved the patient’s wife Yashumati Devi and son Dhananjay Kumar filed the Consumer Complaint against the CMC for the alleged medical negligence and callousness of the doctors at CMC caused death of the health man/patient for seeking compensation of Rs. 2,01,44,000/-.
Defense:
3. The OP ra
