IMPORTANT POINT
Medical Negligence – Amputation of four fingers of left due to wrong injections & swelling – Patient had taken treatment from another hospital – Medical negligence not proved.

ORDER

Dr. Sadhna Shanker, Member.—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 11.02.2013 of the State Commission in complaint No.253 of 2008 whereby the complaint was partly allowed.

2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘hospital’) and the learned counsel for the respondent No.1 (hereinafter referred to as the ‘complainant’) and perused the record, including inter alia the impugned order dated 11.02.2013 and the memorandum of appeal.

None is present for respondent No.2-Dr. Brijesh.

3. The brief facts of the case are that on 12.07.2008, the complainant took her daughter, namely, Neeru, (hereinafter referred to as the ‘patient’) aged about 17 years to the hospital for treatment as her daughter was suffering from fits continuously. The doctors at the hospital decided to conduct MRI test. It is alleged that at the time of MRI test of the patient, the concerned doctors of the hospital had given two injections in the left hand of the patient and immediately after the injection, the left hand had started getting blue and within moments, the whole of the left hand turned blue. There was swelling as well on the whole of the left hand. It is further alleged that when the doctors of the hospital saw that the condition of patient was becoming critical, they referred the patient to Guru Teg Bahadur Hospital (GTBH), Shahdara, Delhi and in turn, the doctors of Guru Teg Bahadur Hospital referred the case to All India Institute of Medical Sciences (AIIMS), New Delhi and the doctors at AIIMS again referred the case to Safdarjung Hospital where upon medical examination, it was found that the veins of the left hand of the patient had been blocked on account of wrong injection administered by the concerned doctors at the hospital. There was swelling over the left hand including the fingers and the fingers started withering and consequently, all the four fingers of the left hand of the patient were amputated.

4. Alleging medical negligence on the part of the hospital and its doctors, the complainant filed a consumer complaint No.253 of 2008 before the State Commission.

5. The hospital filed its reply stating that the complaint is not maintainable in view of the decision rendered in Martin F.D’Souza vs. Mohd. Ishfaq, paticularly when there is no medical board report showing any negligence on the part of the hospital. It is also stated that the patient was taken to the hospital in emergency on 12.7.2008 and prior to this, the patient had received treatment for control of seizures and abnormal behaviour at some other hospital where the patient was admitted and treated. It is also stated that the nursing staff had mentioned in the Sister Report Book that on 12.7.2008 when the patient was brought in emergency, there was swelling and prick mark in the left hand and slight swelling in the right hand. It is further submitted that the patient received injection in the vein of dorsam of right hand at 4.30 p.m. It is also stated that all precaution was taken at that time to avoid giving injection in the left hand as there was swelling in the left hand. It is further submitted that as the patient had exhibited abnormal behaviour and did not sleep even after injection Lorazepam, injection Haloperidol 10 mg. And injection Phenargan 50 mg intramuscular in glueteal region was given at 5.00 p.m. As the patient continued to behave abnormally, the patient was referred to Duty Medical Officer (DMO), Psychiatry of IHBAS on 13.7.2008 at 9.10 a.m. It is further stated that on 13.7.2008 at 9.50 a.m., the patient was examined by DMO Psychiatry and it was found that besides swelling in the forearm and hand, there was Cyanosis in left index finger and as the Vascular Surgery was not available in the hospital, the patient was referred to emergency surgery department at Guru Teg Bahadur Hospital at 10.00 a.m. on 13.7.2008