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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. S.M. Kantikar, Presiding Member
Appeared at the time of arguments through Video Conferencing
Keshavrao V. Yadav —Complainant
versus
Dr. J.V.S. Vidyasagar and
Ors. —Opp. Parties
Consumer Case No.112 of 2011
Decided on 1.1.2021
For the Complainant:Mr. Kailash Pandey, Mr. Ranjeet Singh and Ms. Sushmita Mishra, Advocates
For the Opp. Parties:Mr. Basava Prabhu Patil, Mr. Shailesh Madiyal, Mr. T.C. Mopagi and Mr. Kartik Anand, Advocates
IMPORTANT POINT
Where there was no failure of duty of care from the doctors or there was any evidence to indicate any unexplained deviation from the standard protocol in operation theatre, medical negligence ruled out.
Headnote:
Consumer Protection Act, 1986—Section 21 : [Consumer Protection Act, 2019—Section 58]—Medical Negligence—Knee Arthroscopy—Death—Complaint against—Scope—Complainant was father of deceased—Patient himself was an orthopaedic surgeon—He was to get operated his left knee—As per death certificate patient expired due to massive cardiac arrest—As per medical record, necessary pre-operative investigations were done—Fitness for operation was obtained—After administration of anaesthesia patient suffered massive cardiac arrest, then death took place before the commencement of surgical procedure—So far so, team of orthopaedic surgeons cannot be attributed with negligence as their role did not commence at all—No deviation from standard of practice from the doctors in the OT who immediately initiated cardiac resuscitation and despite all efforts patient could not survive—So long as the doctors follows a practice acceptable to the profession on that day he cannot be held liable for negligence merely because a better alternative course of treatment was available or a more skilled doctor would not have chosen to follow or resort to that practice which the accused followed—Causation of medical negligence not visible—No failure of duty of care from the doctors or there was any evidence to indicate any unexplained deviation from the standard protocol in the operation theatre—Medical negligence or deficiency in service on part of doctors and hospital ruled out. (Paras 17 to 34)
Result: Complaint dismissed.
ORDER
Dr. S.M. Kantikar, Presiding Member.—
The Facts:
The Complainant Keshavrao V. Yadav is father of Dr. Sunil K. Yadav (since deceased, hereinafter referred to as the “patient”). The patient himself was an Orthopaedic Surgeon and Professor & HOD of Orthopaedics in Bhartiya Vidyapeeth University Medical College & Hospital at Sangli (Maharashtra). Dr. Sunil was to attend the Continuation of medical Education (hereinafter referred to as ‘CME’ or Conference) arranged by Karnataka Orthopaedic Association, on 07.06.2009 at Yash Hospital, Belgaum, Karnataka. He informed his father that during the CME he was to get operated his left knee by the hands of Orthopaedic surgeons expert in Arthroscopy doctors at Yash Hospital having all the facilities available. On 06.06.2009 after breakfast, he drove himself with his colleague Dr. Gautam Tarlekar and reached Belgaum at 2.30pm. It was alleged that Dr. Anil B. Patil (hereinafter referred to as the Opposite Party No. 2) arranged the CME and forced the patient to get operated by the hands of Dr. Vidyasagar, from Hyderabad the expert in Arthroscopy (hereinafter referred to as the “Opposite Party No. 1”). The Complainant’s second son Dr. Rajshekhar (alias Shekhar), a practising Gynaecologist at Belapur also joined the patient on 07.06.2009 at 8.00 am during proposed operation. At around 11.30 am, Dr. Shekhar telephoned his father and informed that Dr. Sunil’s health became in danger and asked him to come immediately to Belgaum with mother. However, the Complainant’s wife and niece Pintu Shitole went to Belgaum and the Complainant stayed at home. At about 6.00pm by ambulance the patient’s dead body was brought to the Complainant’s house at Miraj and in the same night, cremation was completed at their native place Ganeshwardi in Kolhapur District. Thereafter, on 08.06.2009 the Complainant inquired with his son Dr. Shekhar about the details of Dr. Sunil’s death and he told that on 07.06.2009 at around 10.00am, the patient was taken inside the Operation Theatre (hereinafter referred to as ‘OT’) for the left knee operation. Dr. Anil was not available there and not contactable. The doctors did not allow Dr. Shekhar to enter the OT but asked him to remain at the conference hall and watch the live demo of the said operation. Accordingly, he went to conference hall but the live demo was not started even after 15-20 minutes. Therefore, immediately Dr. Shekhar approached the OT but he was not allowed to enter there as the patient was serious. On enquiry, the doctor informed that the heart of Dr. Sunil had suddenly stopped and at that time the necessary lifesaving equipment and the presence of Cardiologist was not there, therefore the patient was to be shifted to KLE Hospital. There was no ambulance facility; therefore ill equipped ordinary ambulance was called by Dr. Anil Patil. In the ambulance, the doctors were pressing the patient’s chest. However by the time ambulance reached KLE Hospital, the patient was declared dead.
2. The Complainant further averred that 09.06.2009, the news came out in the newspaper that Dr. Sunil Keshavrao Yadav died during the operation and the Anaesthetist Dr. Vivek Sawant had committed suicide. Then the Complainant was doubly sure that the death of his son was not natural but it was caused due to the negligence of the doctors at the CME. After gathering all the information, the Complainant filed an FIR with the Police at Sangli in Marathi language. The Complainant wrote several letters to the Managing Director of Yash Hospital to furnish the entire Medical Record of his deceased son. The Complainant further alleged that his son died on 07.09.2009 whereas the Medical Record was issued on 27.10.2009 without death certificate with wrongly mentioned time and place of death. It was further alleged that after the death of Dr. Sunil, the documents were created and intentionally mentioned that Dr. Sunil chose his Anesthetist. Even otherwise, it was the duty of the hospital and the
