ORDER

Dr. S.M. Kantikar, Member—The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act,1986 (in short “the Act”) by the legal heirs of the deceased – Sq. Ldr. N. K. Arora against the Opposite Parties namely Army Hospital (R&R) (AHRR), Air Force Hospital, Hindon and All India Institute of Medical Sciences (AIIMS) for alleged medical negligence and deficiency in service.

2. Initially the Complaint was filed by Sq. Ldr. N. K. Arora, working as a Commissioned Officer in the Air Force (since deceased, hereinafter referred to as the ‘patient’). He, while commanding an Air Force ‘Convoy’ from Jaisalmer to Gwalior in Rajasthan, on 13.05.2004, on way to Gwalior near Dausa, met with major road accident at about 8 p.m. His Maruti Gypsy rammed into the Camel-Cart with full of wooden-logs. He suffered injuries on face and chest and was taken to Civil Hospital at Dousa and thereafter referred to SMS Hospital, Jaipur. The doctors at SMS hospital informed that he suffered fracture mandible and ribs, but there was no head injury. The patient was accompanied with his Air Force officers including SMO 795 SU and SMO AF Station Hindon. After first-aid, for better treatment on the next day i.e. on 14.05.2005, he was airlifted to AHRR at Delhi Cantt and was admitted at 11.00p.m. in ICU under Dangerously Ill List (DIL) and was put on ventilator. The doctors therein instructed for “Care of ET tube (endortrachial tube) connecting ventilator. Regular Suction of ET” (for clearing airways). The CT Skull was performed at SMS Hospital and as per the report, there was no evidence of Epidural or Subdural haemorrhage or fracture (EDH, SDH), thus there was no bleeding inside the brain.

3. On 15.05.2004, throughout the day, the patient was conscious, well oriented and was talking to doctors and his parents. The Complainant narrated the events on 15.05.2004 as below:—

At 6.30 a.m., Dr. P.S. Bedi recorded in clinical notes as:—

“Fracture mandible, Chest injury, minor head injury

Hypoxicencepxiopathy

Case reviewed. Fully conscious. On ventilatory support,

ET Tube in SITU.”

Thereafter, at 8.00 a.m., Dr. Bhatoe and Dr. S. K. Roy Chowdhury, a Specialist in Oral and Maxillo Facial Surgery, examined the patient and recorded the clinical notes as:—

“Case of RTA with fracture mandible with fracture 3,4,5 ribs (right)

O/E. Gcs - E-4 VT M 6

Patient on ventilatory support CPAP Mode”

The diagnosis made was Maxillo Facial Injury, multiple rib fracture and undisplaced fracture C-2. The plan for ORIF on stabilisation and asked clearance from Neuro Surgery. Thereafter, Dr. Barar examined the patient at 8.30 a.m.

At 11.00 a.m., the patient was examined by Dr. Chaturvedi and made clinical notes as:—

“Since this morning the patient was weaned off;, from ventilator and endotrachial tube was removed at 1000 hrs. (Extubation trial as red rubber tube required change). He has been maintaining ventilation and saturation.-. Respiratory system - Normal vascular sounds”

He advised to maintain SPO2 and watched for respiratory distress. In the night at 9.00 pm, Dr. Barar was called to see the case. He found the patient was in distress and restless, not obeying commands and SPO2 decreased to 60% and then to 40%. He found difficulty in Laryngoscopy and fixing the ETT. Patient was immediately intubated with 7’.5 mm PVC, ETT. He discussed the findings with Dr. Chaturvedi, who came to examine the patient at 10.00 p.m.

4. On 16.04.2004, Dr. Rohit Kumar, the resident Surgeon examined the patient between 9.30 a.m. to 10.00 a.m. Thereafter, at 11.00 a.m., Dr. Chaturvedi examined the patient. It was alleged that at 9.30 a.m., Dr. Chaturvedi met the patient’s parents and told about the improvement and also informed that the patient shall be off the ventilator soon. He recorded the findings in the case sheet, at 11.00 a.m., as:—

“Patient pull