IMPORTANT POINT
There is no restriction that courts can award compensation only up to what is demanded by complainant.

ORDER

The present Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 by Baby Samhitha K.S (minor), through her father Satish K.M (Complainant No. 1), Satish K.M (Complainant No. 2) & Sri. Halappa G.V (Complainant No. 3) against the Cloud Nine Hospital (OP-1) & its doctors Dr. Prakash Kini (OP-2) & Dr. Rekha (OP-3) for the alleged medical negligence.

2. On 09.12.2013, Dr. Ganga H. R. (since deceased, for short the ‘patient’) was admitted to Cloud Nine Hospital (OP-1) for her Caesarean (LSCS) delivery. The LSCS was performed by Dr. Prakash Kini (OP-2) and female baby was delivered. The patient’s Blood Pressure (BP) was fluctuating and after LSCS, it became 180/110 mm Hg. The patient was advised to continue her hypertensive medicines Tab. Alphadopa and Labetalol. It was alleged that the patient (mother) and her newborn were discharged within two days from OP-1 without stabilizing her blood pressure completely. It was against the normal standard of practice. Subsequently, on 12.12.2013 in wee hours at 1.45 am, her condition became worsened and she developed breathlessness, therefore, she was re-admitted to OP-1 Hospital. Dr. Rekha (OP-3) treated her with nebulization with Duolin and Budecort, though the patient was not asthmatic. The patient was again discharged within 25 minutes of re-admission. Unfortunately, her breathlessness continued and she was taken to Radhakrishna Hospital, where she passed away on the same day. The Post Mortem was conducted and the final PM report dated 12.05.2014 mentioned the cause of death as “Cardiac failure as a result of Congestive Cardiac Failure”. Later, on 26.12.2015, the father of the patient (Complainant No. 3) took opinion from Prof. Dr. Lepakshi B.G (MD Obst. Gynaec), who reported several lapses in the treatment from OPs. Being aggrieved, the Complainants filed this Consumer Complaint and prayed a sum of Rs.5,56,60,000/- as compensation under various heads.

3. The Opposite Parties filed their respective Written Version separately and denied allegations of medical negligence. The Cloud Nine Hospital (OP-1) raised preliminary objection that the complaint was barred by limitation, as it was filed after two years from the death of patient Dr. Ganga. It was contended that patient showed signs of mild pre-eclampsia, but it was not severe pre-eclampsia. The LSCS delivery was conducted, a female healthy baby was born. The patient’s BP was varying, and on the first post-operative day, it became high 180/110 mmHg. It was stabilized with antihypertensive drugs. As she was doing all activities normally, therefore she was discharged in good condition with appropriate medications. The OPs followed latest ACOG and NICE guidelines. On 12.12.2013, Dr. Ganga (patient) complained of breathlessness, the OP-3 treated her as emergency and her breathlessness was relieved. The OP-1 claimed that the patient was treated in accordance with medical guidelines. Dr. Prakash Kini & Dr. Rekha (OPs-2 & 3) have adopted the written statement filed by OP-1.

4. Heard the arguments at length from both the sides. The learned Counsel on both the sides reiterated their evidence on record. They filed medical literature on the subject and textbook references Williams Obstetrics 19th Ed.

5. The learned counsel for Complainant argued that the doctors at OP-1 wrongly described the case as with mild pre-eclampsia, despite the patient suffering from severe pre-eclampsia. It was mentioned in the case sheet as “G2E1 at 38+4 weeks, mild pre-eclampsia”. The OP did not conduct any investigations for pre-eclampsia like Hemogram, Coagulation profile, Liver function tests and Renal function tests and Ophthalmic examination. The Doctor’s case note and Nurses’ notes prove the same.

6. The learned Counsel for the Complainant further argued that as per ACOG guidelines, a pre-eclampsia patient has to be an in-patient and under observation for 72 hours, whereas, the OPs discharged the patient after 50 hours which amounts to