Back
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ram Surat Ram Maurya, Presiding Member and Bharatkumar Pandya, Member
Opal Hospital and Ors. – Appellants
versus
Damyanti Singh and Ors. – Respondents
First Appeal No.402 of 2023 and First Appeal No.502 of 2023
Decided on 14.10.2024
For the Appellants:Ms. Namrata Chandorkar, Mr. Ritesh Khare and Mr. Aditya Rana, Advocates
For the Respondents:Mr. Akshya Ringe, Mr. Ajeyo Sharma, Ms. Akansha Mehra, Ms. Megha Mukherjee and Ms. Nika Tiwari, Advocates
IMPORTANT POINT
Expert evidence – Question to be adjudged on facts of each case & there cannot be mechanical or straitjacket approach that each & every case must be referred to experts for evidence.
Headnote:
Medical Negligence – Administering anaesthesia – Findings of SC illegal & set aside – Patient came to hospital for laproscopic cholecystomy & husband of patient signed ‘Consent Form’ & anaesthesia – Complainant did not raise any issue in respect of consent that ‘informed consent’ was not obtained – But SC recorded adverse findings in this respect without there being any issue between parties in respect – No allegation that any negligence committed during surgery of gall bladder or post-surgery, there is any complication in this respect – Spinal anaesthesia cannot be administered in supine condition which is impossibility – Allegation of complainant in this respect is not liable to be believed – Similarly allegation that patient experienced shock sensation in her right leg in sprinkling needle has been denied – In absence of any contradictory expert opinion or any standard medical literature, it is not possible to find OP-3 has committed any medical negligence in administering anaesthesia – Finding of SC that OPs committed negligence in administering anaesthesia is illegal & set aside. (Paras 8, 12, 13, 14, 17 to 19)
Result: Appeal Allowed.
ORDER
Heard Ms. Namrata Chandorkar, Advocate, for the hospital and doctors and Mr. Akshya Ringe, Advocate, for Smt. Damyanti Singh.
2. The office has submitted report that FA/502/2023 has been filed with delay of 24 days. The appellant has filed IA/5850/2023 for condoning the delay in filing the appeal. In this IA, the appellant has stated that certified copy of the impugned order was received on 13.3.2023. Thereafter, the appellant collected the papers and handed over the counsel on 20.03.2023 for filing the appeal. The appeal was filed on 02.05.2023. For the reasons given in the IA and as cross appeal has already been filed, we condoned the delay in filing the appeal. IA/5850/2023 is allowed.
3. Opal Hospital, Dr. Pramod Kumar Rai and Dr.(Smt.) Smrita Rai (the opposite parties) have filed FA/402/2023 and Smt. Damyanti Singh (the complainant) has filed FA/502/2023 from the order of Uttar Pradesh State Consumer Disputes Redressal Commission, dated 09.03.2023 passed in CC/38/2016, allowing the complaint and directing Opal Hospital and others (the OPs) to pay Rs.15/- lacs as compensation, Rs.10/- as doctor’s fees and other medical expenses, Rs.One lac for extra nourishment, Rs.60/- lacs, for permanent burning, sensation, pain, suffering, disfigurement of right leg, physical and mental agony and litigation cost with interest @10% per annum from 01.01.2019 till the date of payment to the complainant.
4. Smt. Damyanti Singh filed CC/38/2016 for directing Opal Hospital, Dr. Pramod Kumar Rai and Dr.(Smt.) Smrita Rai to pay (i) Rs.15/- lacs as compensation, for loss of her services to the family and estate, due to permanent disability of her right leg; (ii) Rs.10/- as expenses incurred in paying doctor’s fees and other medical and traveling expenses; (iii) Rs.One lac towards extra nourishment; (iv) Rs.10/- lacs, for physical and mental agony due to permanent burning, sensation, pain, suffering, disfigurement of right leg, litigation costs; (v) Rs.5/- lacs, as expenses for engaging an attendant; (vi) litigation cost; with interest on these amounts; and (vii) any other relief, which is deemed fit and proper in the facts and circumstances of the case. The complainant stated that Smt. Damyanti Singh (the patient) was wife of Shri Jagdishwar Singh, a retired District Judge and belonged to higher income group in the society. She was keeping good health throughout of her life except minor hypothyroidism for few years back. She suffered from abdomen pain in First week of February, 2014 and consulted Dr. D.N. Singh, who advised for ultrasound of abdomen and pelvis bone. Ultrasound was done on 12.02.2014 at Sigra Diagnostic, which showed ‘Cholecystitis with echogenic gall bladder sludge. Small left renal concretion”. The patient showed ultrasound report to Dr. Pramod Kumar Rai (OP-2) on 13.02.2014, who after examining the report and medical history, advised certain tests and medication. All the test reports were received by 14.02.2014. Dr. Pramod Kumar Rai (OP-2) admitted the patient in Opal Hospital (the hospital) on 15.02.2014 in early morning, for laparoscopic cholecystomy. The patient was taken to operation theatre on 15.02.2004 at 9:00 hours by Dr. Pramod Kumar Rai, Dr.(Mrs.) Smrita Rai (OP-2 and 3) and 3-4 staffs of OP-1. Dr. Pramod Kumar Rai instructed Dr.(Mrs.) Smrita Rai to give anaesthesia to the patient and went out. Dr.(Mrs.) Smrita Rai asked the patient to be in supine position and thereafter inserted a needle in spine of the patient. The patient felt current like shock sensation in her right leg. Dr.(Mrs.) Smrita Rai immediately took out the needle and inserted the needle again in the spine of the patient. The patient again felt current like shock sensation in her right leg. Dr.(Mrs.) Smrita Rai immediately took out the needle and instructed the medical staff present in the hospital theatre to caught hold the patient. Two staffs caught hold from each side and a third staff caught hold the head of the patient. Dr.(Mrs.) Smrita Rai
