ORDER

Dr. S. M. Kantikar, Presiding Member—This is the Complaint filed by Dr. J.C. Mudgal against the Fortis Hospital and two doctors for the alleged medical negligence.

2. The relevant facts are that, on 07.02.2005 the Complainant, Dr. J.C. Mudgal (hereinafter referred to as ‘the patient’), about 54 years of age, a medical doctor consulted Dr. A. K. Singh, the OP-1 for his complaints of back pain. On the next visit on 23.03.2005, the OP-1 advised surgical intervention by Spinal decompression and fusion with screws and rods.

3. Accordingly, on 30.03.2005, the Complainant was admitted in Fortis Hospital (OP-3), but it was alleged that no consultant visited him till the next day evening. Thereafter OP-2 examined him, advised investigation and the operation was planned in the morning on 01.04.2005. The patient was put on nil by mouth (NBM) from the night of 31.03.2005 after 11pm. It was alleged that on the day of operation there was casual approach of opposite parties, they did not verify the investigations. The patient was continuously kept on the stretcher for 7 hours from 8.30 am to 3.30 pm. The OP-1 came leisurely and told that the delay was due to one priority emergency operation. The OPs did not care for the severe discomfort and stress of patient for 7 hours .Thus it was serious deficiency in service of the OPs that the postponement of surgery could have been informed in the morning itself.

4. Thereafter, on 02.04.2005 at 8 am, OP-1 operated the patient and shifted to Room no. 1316B at 8 pm. It was alleged that at around 10 pm the patient became very restless and in executing pain radiating up to the leg, but no one attended him, despite even the wound started to bleed. At about 2 am, he suffered two heart attacks, however, no Cardiologist or the OP-2 attended him. The OP-1 had gone to Haridwar, who returned on 04.04.2005 evening at 4:30 pm.

5. Therefore for further cardiac care, the patient was shifted to Kailash Heart Institute, Noida. The condition of patient was brought under control on 05.04.2005. On the next day 06.04.2005, the patient was referred to Escorts Heart Institute for Coronary Artery Bye-pass Grafting (CABG) surgery. After stabilisation, on 11.04.2005CABG was successfully performed and the patient was discharged on 25.04.2005 with follow-up advise for 3 months of bed rest, medications, exercise regime and other precautions.

6. The Complainant alleged that the OPs, to gain more money, ignored the abnormal ECG. The medical record – OT notes, post –operative notes and the details of status of patient during 6 hour surgery were not made by OP-1. The known complication could have been effectively handled. The clinical notes entered by Dr. Ashish Gupta, who had attended to the patient during complications were missing from the record. At the time of incident neither RMO nor any consultant was available. After the procedure the Complainant suffered two heart attacks which were not correctly managed, no Cardiologist was called to attend to the patient which led to almost life threatening situation complainant leading to permanent damage to the heart. The team of attending doctors were totally clueless and devoid of any internal co-ordination. The OP-1 immediately after the surgical procedure, on 02.04.2007 left for a pleasure trip to Haridwar without arranging any other competent doctor to look after the post-operative care. The OP-1 returned on 04.04.2005 and at about 4 pm visited Neuro ICU, and the Complainant was shifted to Kailash Hospital, wherein Cardiologists treated the patient and saved him within 40 minutes, but for 40 hours, OPs failed to do. The OP-1 instead of attending first the serious cardiac condition of the patient, proceeded to operate for the spinal decompression which resulted into the chain of complications and further permanent impairment to the extent of 50% damage to the patient’s heart. The OPs also caused billing irregularities, charged excessively when consultants were not even availabl