IMPORTANT POINTS
(1) Failure of duty of care - It was the duty of treating doctors to rule out the cause of Subarachnoid hemorrhage due to aneurysm. But in the instant case, the patient was discharged within short period of 2 days, it was a failure of duty of care.
(2) Quantum of compensation – The quantum of compensation in medical negligence cases payable based on strict liability will of course depend upon the peculiar facts of each case and no strait jacket formula can be evolved in that behalf.
(3) Doctrine of Contributory negligence - The doctrine of Contributory negligence applies and the amount of compensation payable to the Complainants reduces.

ORDER

This common Order shall decide two Appeals, one F.A. No. 143 of 2014 filed by the Krishna Institute of Medical Sciences Ltd. & three doctors and the other F.A. No. 190 of 2014 filed by the Complainant - B.G. Sreedevi & Ors. challenging the impugned Judgment / Order dated 20.01.2014 passed by the State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as the “State Commission”) in C.C. No. 29/2012.

2. The brief facts are drawn from F.A. No. 143 of 2014. For convenience, the parties herein are being referred to as mentioned in the Original Complaint.

3. The Complainant No. 1 - B.G. Sreedevi’s husband - Dr. B. G. Sreedhar a qualified Dental Surgeon (since deceased, hereinafter referred to as the ‘patient”) working in the Primary Health Centre (PHC) in Andhra Pradesh. On 30.11.2009, he met with a car accident and sustained injuries. Immediately he was taken to the Government General Hospital at Kurnool. After first aid, on the same day, he was admitted in Gowri Gopal Hospitals Pvt. Ltd. at Kurnool. On 02.12.2009, the knee surgery was performed for fracture of right superior pole of patella. He was complaining of headache and vomiting. On 05.12.2009, the CT Scan of brain (head) was performed at Shanthiniketan Diagnostic Centre (P) Ltd in Kurnool. It revealed haemorrhagic contusion in the left postero-temporal lobe with minimal edema. The patient had continuous headache and vomiting, therefore on 11.12.2009 second CT scan of brain was done. It revealed new findings suggestive of Subarachnoid haemorrhage (SAH) compared with the previous CT Scan dated 05.12.2009. Therefore, on 12.12.2009, the patient was shifted to Krishna Institute of Medical Sciences (for short – ‘KIMS’ the OP-1) at Hyderabad for further management. He was conservatively treated by the Neurologists (OPs-2 to 4) for two days. It was alleged that to rule out bleeding the treating doctors have not done CT angiogram or MRI of brain. The patient was discharged on 14.12.2009, though complaining of headache and vomiting. The patient was taken to his hometown at Kurnool. Thereafter, on 28.01.2010 in the late night he fell down and vomited. He was also complaining of shivering and severe headache, therefore, he was immediately taken to Government General Hospital, Kurnool and admitted under Dr. W. Seetharam, but subsequently, in the early morning on 29.01.2010 the patient became comatose. As the patient was in the need of brain angiography and ventilator life support, therefore he was shifted to OP-1 KIMS Hospital by Ventilator ambulance at 10 a.m. on 29.01.2010. There at 2 p.m., CT cerebral angiogram was performed. It revealed progressive bleed and large hematoma in the brain. The patient expired subsequently on 31.01.2010. Being aggrieved by the gross negligence causing the death of the patient, his wife and children filed the Consumer Complaint before the State Commission against the OPs and prayed compensation for Rs. 90,00,000/- from the OPs jointly and severally.

4. The OPs filed their reply and raised objection that the Complaint was barred by limitation. It was stated that the OPs had no knowledge of the alleged accident and the treatment taken at Kurnool. The patient was brought to the OP hospital on 12.12.2009. He was in conscious state, no ENT bleed, or seizures. On examination, his vital parameters were normal. The cardiovascular respiratory, abdominal, and neurological systems were normal. The CT scan done at Kurnool showed small size of bleed and neurologically, the patient was stable except for headache. He was managed medically with analgesics and anti-edema medicines. The headache got reduced and he was discharged on 14.12.2009 with advice to come again after two weeks for follow-up. It was further submitted that the patient telephonically contacted Dr. B. Chandra Shekhar Reddy (OP/Appellant No. 4) and told about his wellness and he was attending to his routine work at the PHC. He also conveyed New Year greetings on 01.01.2012.