To establish medical negligence, a complainant must prove a breach of duty by the medical professional, accompanied by cogent evidence. Vague allegations are insufficient.

ORDER

DR. SUDHIR KUMAR JAIN, J

1. Cetty Vijaya (hereinafter referred to as “the patient”) was wife of the complainant/the appellant/Cetty Koteswara Rao (hereinafter referred to as “the appellant”). The patient was taking treatment of Kidney related disease i.e. CKD fifth stage from Seven Hills Hospital Visakhapatnam and was discharged with a direction to undergo hemodialysis thrice in a week. The patient had followed said instructions/advice of the doctors as a result of which her creatinine level was got controlled within two days. The patient was also taking herbal medicines for the last 1½ years as her Serum Creatinine level was high. The patient on advice of the doctor friends was referred to M/s Apollo Hospitals /the opposite party/the respondent (hereinafter referred to as ‘the respondent’) for second opinion. The serum creatinine was got controlled within two days. The patient was suggested to have hemodialysis thrice in a week. The hemodialysis process which was undertaken in the respondent resulted in high blood pressure, body vibrations and unconsciousness. The earlier system of dialysis undertaken in Seven Hills hospital was vanished and the patient was got admitted in 19.07.2012 in the respondent with critical condition. The patient after admission shared AC hall which was accommodating other complicated patients and due to this, health of the patient was affected instead of recovery. The patient was discharge from the respondent on 20.08.2012 against medical advice but discharge summary was not provided. The patient later on was taken to Old Age Home situated in MVP Colony and thereafter to Aditya Critical Care Centre available opposite KG Hospital gate. The patient was declared as brain dead. The appellant despite several RTI applications was not given case-sheet pertaining to the patient. The appellant was provided the discharge summary through RDO, Visakhapatnam in November, 2012. The respondent informed the complainant through PIO/RDO that case sheet and connected reports were not provided due to non-payment of bills and discharge was against advice of the doctors. The appellant being aggrieved has filed the present consumer complaint bearing C.C. No. 255 of 2014 titled as Cetty Kotwswara Rao V M/s. Apollo Hospitals before A.P. State Consumer Disputes Redressal Commission at Vijayawada (hereinafter referred to as ‘the State Commission’) alleging deficiency of service on the part of the respondent and sought the reliefs as mentioned in the prayer clause of his complaint

2. The respondent has filed counter stating therein that the complainant along with the patient aged 53 years came to the respondent as a chronic kidney disease, fifth stage and also with complaints of Dyspnoea even at rest, orthopnea chest discomfort, fever with chills and rigor and pedal edema since two years with history of irregularity in counting MHD, past medical history of hypertension, operated long ago and hypothyroidism. The patient was diagnosed as acute kidney disease with Hypervolemia and sepsis and was shifted to MICU for further evaluation of treatment. Dr. J.A.L Ranganath had examined the patient and observed HB was 5.8%/Gr., TLC of 13,200 cells and ESR of 65 mm/hr and urea of 195 mg/dl, S. Creatinine of 106 mg/dl. The conditions of the patient indicated ongoing sepsis and severe Azotemia. The pulmonary edema was also noticed and parenteral antibiotic injection was started and ordered for Hemodialysis and packed cell transfusion. The patient was kept in Nebulization, Anti HTN drugs and 02 through mask. The patient was got discharged on 21.08.2012 even the condition of the patient was stable against the medical advice of the doctor and the patient subsequently died. T