IMPORTANT POINT
The real charge of medical negligence stems from the failure of hospital to regularly monitor blood parameters of patient during the course of the day.

ORDER

This First Appeal has been filed by the Appellants - Haridasan Pillai & his wife - Chandrika H. Pillai (in short, the “Complainants”) against the Respondents – Tarapur Atomic Power Station Hospital (TAPS Hospital), its Medical Superintendent and two Doctors (in short, the Opposite Parties Nos. 1 to 4 respectively), challenging the impugned Order dated 23.06.2014 passed by the Maharashtra, State Consumer Disputes Redressal Commission, Mumbai (in short, the “State Commission”) in CC/99/455, whereby the Complaint filed by the Complainants was dismissed.

2. The brief facts of the case are that on the complaint of high fever of their only son – Master Harish (since deceased) (in short, the “patient”), his parents / Complainants, on 12.07.1998 at 8.15pm, got him admitted in TAPS Hospital - Opposite Party No. 1, under C.H.S. facility, where he was checked by the duty doctor and blood and urine samples taken for investigation. It was alleged that noticing no improvement, the Complainants kept requesting Dr. Sachdev – the Opposite Party No. 3 as well as the Hospital Superintendent – the Opposite Party No. 2 to refer the patient to BARC Trombay Hospital, but it was refused, even though the patient was struggling for life. After getting Sonography test done from Palghar and informing that the patient had started becoming weak from 15.07.1998, eventually, Dr. Vachcharajani referred the patient on 16.07.1998 at 12.10 hrs to BARC Hospital. On the same day at 4pm, the Complainants admitted the patient to BARC Trombay Hospital, where, after examining the patient, the doctors found that the kidneys of the patient had stopped functioning and there was acute respiratory problem, but due to non-availability of the facilities, it referred the patient to Jaslok Hospital for specialized treatment. On the same day i.e. 16.07.1998 at around 7.30pm, the Complainants shifted the patient to Jaslok Hospital, where at about 6.10am on 17.07.1998, the patient ultimately died. Being aggrieved with the alleged gross medical negligence resulting in the death of their only son, the Complainants filed a Complaint before the State Commission seeking compensation to the tune of Rs. 16 lakh with interest at the rate of 18% p.a. from the date of filing of Complaint.

3. The Opposite Parties, in their reply, denied the allegations of negligence leveled against them during the treatment of the patient. It was stated that TAPS Hospital is run by the administration of TAPS, which is one of the units under Nuclear Power Corporation of India Ltd. (for short, NPCIL). It was further stated that the patient was admitted to the Hospital with high grade fever and bodyache and standard line of treatment was adopted. The patient was attended to by various qualified doctors, who treated the patient with all due required steps till the discharge of the patient from the Hospital on 16.07.1998. Necessary blood tests, pathological tests etc. were advised and done. The X-ray reports, pathological reports were normal. The urgent investigations with regard to the condition of the patient were advised, the reports of which suggested acute renal failure and impending Septicaemia, due to which the decision to refer the patient to the BARC Hospital, Mumbai was taken. The patient was observed to have developed Tachycardia & Tachypnoea. He was shifted to BARC Hospital in ambulance with a Doctor, a sister and other paramedical staff. It was further stated that the treatment availed by the patient was free of cost, except for a nominal amount as contribution, provided by the employer to its employees and therefore, the Complaint is not maintainable. Also the Complaint is frivolous and vague, arising out of pure prejudice and ipsi-dixits of the Complainants and, therefore, deserves dismissal.

4. The State Commission, after hearing the arguments of the learned Counsel for both sides and after perusal of the record, dismissed the Complaint holding no negligence on the part of the Opposite Parties