IMPORTANT POINTS
(1) DEXA scan — From the medical literature DEXA scan is not mandatory in each case.
(2) Accepted method —OP-1 used the accepted method of treatment and thus it was a reasonable standard of practice, no a deviation of practice.

ORDER

Dr. S.M. Kantikar, Presiding Member—The Underlying Facts As Alleged By the Complainant:—

On 11.05.2011, Smt Manjulata Garg (since deceased herein referred to as “ Patient”) was taken to OP-1 i.e. Dr. R.C. Mishra for complaints of severe backache. Her husband informed the OP-1 about the Osteoporesis of the patient. After examination, the OP-1 advised to admit her immediately to the Kamayani Hospital (OP-3 - Hospital). It was alleged that the physician’s opinion and neurological evaluation was not done and no proper pre-anaesthetic check-up was done by the Anaesthetist. The MRI dated 11.05.2011, done at Eisha Diagnostic showed collapse of D-10 vertebra and the X-Ray showed traumatic compression of D-11 vertebra and severe Osteoporosis. However, the OP-1 did not bother to recheck/confirm the report by repeat X-ray or MRI. The patient was operated on 12.05.2011 at 5 PM. The operation took 3 ½ hours to complete. The OP-1 after operation informed the patient’s husband that due to very weak/fragile bones, he did not fasten the screws to its full extent. Thereafter, patient’s condition deteriorated and she remained at the hospital till 21.05.2011. It was alleged that during the said period about Rs.5,00,000/- was spent on treatment. The Patient further alleged that on 21.05.2011, the Opposite Parties forcefully discharged the patient, though her condition was critical and serious. Due to such abrupt act of the Opposite Parties, on the same day, the patient was taken to Rashmi Medicare Centre in Agra. She was admitted in ICU under care of Dr. Tarun Singhal. On the next day, it was informed that the patient was febrile and had respiratory distress. She developed hospital acquired respiratory infections with pleural effusion. The patient remained under treatment in Rashmi Medicare Centre till 04.06.2011. The patient was later on diagnosed as tubercular infection (TB) at Indian Spinal Injuries Centre (ISIC) in New Delhi.

2. There was no cure from the backache; it remained persistent at the site of surgery. Therefore, on 04.06.2011, she was admitted to ISIC, where Dr. Deepak Raina examined the patient and told that a wrong surgery has been performed at Agra and since the patient was suffering from Osteoporosis, such kind of surgery was not recommended. He further informed that 8 screws were necessary for fastening, but the OPs-1 & 2 fastened just 4 screws. It was with the intention to gain more money. At ISIC, X-Ray and CT Scan report revealed Osteoporosis and bilateral pleural collections, which was suggestive of consolidation/collapse of the lungs. It was alleged that on 21.05.2011 the patient was thrown out of the hospital in a critical condition and only the discharge summary was handed to the patient’s relative. The Bad Head Ticket (BHT) and detailed bills were issued only after legal notice.

3. At ISIC on 21.07.2011, the patient was re-operated on the same vertebra with bone cement augmentation under the supervision of Dr. Deepak Raina and Dr. K. Das. On 31.10.2011, post-operative check X-Rays and CT scan confirmed successful operation with intact screws.

4. Thus, it was not a reasonable degree of care/skill, but it was negligence of the Opposite Parties, who have ignored Osteoporosis and performed the operation unscientifically, which led to permanent disability of the patient. Being aggrieved, the patient filed a complaint before this Commission and prayed for Rs. 1,02,01,000/- from the Opposite Parties under different heads.

Defense:

5. The Opposite Parties filed their respective written versions. The preliminary objection that for want of the pecuniary jurisdiction of this Commission, the complaint has been filed based completely on illusionary highly inflated figures just to extract money illegally from the opposite parties. The OPs denied the allegations of negligence during treatment of the patient. It was also denied the forceful discharge of the patient from the Kamayani Hospital in critical condition. It was also