IMPORTANT POINT
Negligence - The patient was given the best possible treatment in accordance with accepted medical standards. It is indeed unfortunate that the patient could not be saved and the death was not on account of lack of care or negligence.

ORDER

Dr. S.M. Kantikar, Presiding Member—This Complaint was filed by Dr. Surendranath Reddy the Complainant under Section 21(a)(i) of the Consumer Protection Act, 1986 against the Opposite Parties Umkal hospital & Ors. for the alleged untimely death of his son due to medical negligence and deficiency during treatment.

2. The facts are that on 07.06.2005, the Complainant’s son Harish Reddy, about 33 years old (since deceased hereinafter referred to as ‘the patient’) was taken by his friend Mr. Shivaz Rai to the Umkal Hospital (hereinafter referred to as ‘the OP No. 1 – Hospital) with the complaints of tachypnoea, breathlessness and extreme fatigue. The patient had not consumed food for 4-5 days . It was diagnosed alcoholic keto-acidosis and alcoholic liver disease. On the next day 08.06.2005 the Partial pressure of Carbon Dioxide (PCO2) level was continuously fluctuating, but no medication was given to correct PCO2 level. Once the PCO2 level shot up to 56.2 and thereafter, on 09.06.2005, the level of PCO2 became very low 28. Subsequently at 3:45 PM the patient suffered the first Cardiorespiratory arrest and he was intubated. It was alleged the patient was not kept under constant cardiac observation or ECG. The patient became restless, violent therefore, his hands were tied. However, the patient was left unattended and he himself self-extubated. It was further alleged that, on 10.06.2005 around 6:30 PM the patient suffered second cardiac arrest. However, the Intensivist Dr. Seema recorded nothing in the progress sheet about the emergency steps taken by the doctors. It was alleged that the cardiac massage was delayed, it was done at 7:15 PM which was about 30-40 minutes after the arrest. Dr. Seema did not record about cardiac massage and suffered Ventricular asystole. However, the doctors mentioned about false story of self-extubation in the medical record, and attempted to cover their deficiencies. The progress sheet had the second cardiac arrest was mentioned as ‘Ventricular Asystole’. Eventually, on 11.06.2005 at 3:00 AM the patient expired due to another cardiac arrest. The complainant alleged about the several discrepancies in the history sheet. It was medical negligence while treating the cardiac arrest.

3. The Complainant being doctor himself sought an opinion from Mr. Bijoy Mehta from Queens-Long Island Medical Group, P.C. According to him the EKG (ECG- No marked as 15301/05) shows “Q” waves and ST elevation, which was due to acute coronary antero-septal infraction. The treating doctors at Umkal Hospital failed to diagnose it. Moreover, the marker Serum Troponin level was not available, which was specific to detect acute coronary insult. The Angiogram could have detected possibility of the coronary block and further lifesaving Angioplasty would be performed, if necessary.

4. Being aggrieved, the Complainants filed the present Consumer Compliant under section 2(c), (d), (g) and (o) read with Section 12, 13 and 14 of the Consumer Protection Act, 1986 before this Commission against the Opposite Party Hospital. The Complainants prayed for compensation to the tune of Rs.2,29,89,992/- under various heads.

5. The Opposite Parties filed their respective Written Versions and denied the allegations of negligence or deficiency during treatment of the patient. It was submitted that prior to admission at OP hospital, the patient was admitted in the Psychiatric de addiction centre of Dr. Deepak Raheja in Gurgaon on 07-06-2005 and on the same day for further management he was taken to the OP-1 hospital by one Mr. Shivaz Rai as no close relative of patient available. His parents were in U.S at the time when the patient was admitted in OP-1. At the time of admission patient had breathlessness since morning associated with marked weakness and loss of appetite. For the past one week, he had consumed Alcohol and not taken food. He was a heavy smoker. On examination the patient had tachypnea, sinus tachycardia, low oxygen saturation and was