IMPORTANT POINTS
(1) Patient - Simply because a patient has not favorably responded to a treatment given by a physician or a surgery has failed, the doctor cannot be held liable.
(2) Fabrication - The question of fabrication won’t arise when the complete set of Indoor case papers were given to the Medical Board for their opinion.

ORDER

Dr. S.M. Kantikar, Presiding Member—The present Complaint has been filed under section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by Nomeshwar Prasad Baluapuri, father of the deceased & the other Complainants, who are mother, wife and children of deceased (hereinafter referred to as the ‘Complainants’) against the Zenith Hospital (OP-3) and the treating doctors - Dr. Mukund Thakur, the Surgeon (OP-1) and Dr. V. Alsi, the Anesthetist (OP-2) seeking compensation amounting to Rs. 10 crore for the act of medical negligence.

2. The facts are that Mr. Vineet Baluapuri (since deceased, hereinafter referred to as “the patient”) was suffering from Hemorrhoids (piles) for 6-8 months. Initially, he was under treatment of Dr. S. K. Hajra and on 02.09.2014, he was referred to Dr. Mukund Thakur (OP-1) at Zenith Hospital (OP-3) for piles surgery. The OP-1 examined the patient and the laser surgery for piles was fixed on 05.09.2014. It was alleged that the patient was not fit for surgery. The OP-1 did not see patient’s blood reports; ignored the major variation in ESR and platelet count. The OP-1 brushed aside by telling that it was marginal variation. The Anesthetist, Mr. V. Alsi in his anesthesia record mentioned about mild rise in Serum Bilirubin level which indicates deranged liver functions. After the operation, the patient was shifted to the room. He developed 107oF fever in the night. It was alleged that at around 9 p.m., OP-1 came to see the patient and advised medicines for fever only without antibiotics. On the next day, patent’s BP fell down to 70/50 mm of Hg and it remained same up to 5.30 p.m. The OP-1 was unable to handle the patient’s worsening condition and therefore, he referred the patient to Arneja Hospital, Nagpur. The doctors at Arneja Hospital, on examination, noted the BP and platelet count were low, and informed the Complainant No. 1 about the critical condition of the patient due to multi-organ failure. It was also alleged that the OP-1, as courtesy, did not bother to enquire or to visit the Arneja Hospital. The visiting physician, Dr. Manish Pahukar was called, but the patient breathed his last at 9:00 am on 08.09.2014. As per the death summary, the diagnosis was septic shock with multi organ failure. The Complainants further alleged that the OP-1 filed forged documents to mislead the Commission. The patient was under care of non-allopathic Ayurveda doctors, who were unable to manage the serious condition due to septicemia and multi-organ failure. It was a gross negligence of the hospital (OP-3) and the treating Surgeon and the Anesthetist (OPs- 1 and 2) who hurriedly performed the operation ignoring the crucial lab reports. On 25.09.2014 the Complainant No. 1 filed the Complaint with Ambazhari Police Station, Nagpur, who referred it for opinion to the Dean, Government Medical College, Nagpur. Being aggrieved due to alleged medical negligence, the complainants filed the Consumer Complaint to claim compensation of Rs. 10 Crore. The Complainants further prayed for direction to the Opposite Parties to deposit at least Rs. 24 lakhs for 2 years and pay the Complainants Rs. 1 lakh per month till the disposal of the case.

Defense:-

3. The Opposite Parties Nos. 1 to 3 have filed a written version and denied the allegations of negligence. It was submitted that the entire complaint was based on misconceived allegations like abnormal blood reports, lack of post-op care and the septicemia resulted due to piles operation. The OPs filed the medical record including the lab reports and treatment given to the patient. It was submitted that the surgical procedure was uneventful and the patient was shifted to room as he was found to be normal in all respects. The patient was found to have developed fever at 6.30 pm on 05/09/2014 and the fever had gone up to be 102°F. Immediately proper medicines and IV fluids were administered. The patient was also taking orally liquid diet. The patient was examined by OP-1 at