APPEARED AT THE TIME OF ARGUMENTS
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For Complainant
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:
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Mr. Kshitij Sharda, Advocate
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For OPs No. 1 to 3
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:
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Mr. Bipin K. Dwivedi, Advocate
Mr. Balwant Choubey, Advocate
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For OP No. 4
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:
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Mr. Maibam N. Singh, Advocate
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For OP No. 5
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:
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Mr. A. K. Prasad, Proxy Counsel
for Dr. Sushil Gupta, Advocate
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PRONOUNCED ON: 9th February 2021
ORDER
PER DR. S. M. KANTIKAR, MEMBER
The instant Consumer Complaint has been filed by Vinod Kumar Dhanda, the Complainant under Section 21(a)(i) of the Consumer Protection Act, 1986 for alleged medical negligence causing death of his mother during treatment at Batra Hospital and Medical Research Centre, New Delhi (hereinafter referred to as the “Batra Hospital – the Opposite Party No. 1”) and the treating doctor – Dr. Vipul Sud, Surgeon (hereinafter referred to as the Opposite Party No. 2), who was the Medical Director of the Opposite Party No. 1 Hospital and Senior Consultant Plastic Surgeon. (In the Memo of Parties, the Complainant has made Dr. Vipul Sud as Opposite Parties Nos. 2 and 3 for different addresses. However, for convenience we refer Dr. Vipul Sud as the Opposite Party No. 2.)
2. The brief facts are that the Complainant’s mother Smt. Balwant Rani Dhanda (hereinafter referred to as the “patient”) developed a Sacral bedsore and consulted Dr. Vipul Sud, the Opposite Party No. 2 at the Opposite Party No. 1 Hospital, who advised debridement surgery. He assured that the surgery would be in single setup and the patient would be discharged within five days. The patient got admitted in the Opposite Party No. 1 Hospital on 24.11.2012 and on the same day and again on 27.11.2012 got operated by the Opposite Party No. 2. Unfortunately, on 28.11.2012 in the early morning, the patient passed away. It was alleged that the Opposite Party No. 2 treated the patient casually and failed to provide standard care in the Hospital. The Cardiologist clearance was not taken before both the surgeries. According to the Complainant, at the time of admission, the patient disclosed that she was allergic to Ofloxacin, but from the date of admission, Ofloxacin was administered in the hospital on multiple occasions. The patient also disclosed her past history of Atrial Fibrillation (hereinafter referred to as the “AF”) and thromboembolism, for the same she was taking drug Dilezem 120 mg and Acitrom 1mg (blood thinner) once a day as prescribed by her Cardiologist. It was alleged that the dose of Dilazim was reduced to 30 mg twice daily, therefore, AF worsened during both the successive surgeries. The patient became unstable and her pulse rate was 150 / min, but the treating doctor did not give medicine Cordarone 100mg to reduce the pulse rate below 100 / min. It was further alleged that after the 2nd surgery on 27.11.2012 anticoagulant Acitrom 1 mg was not administered and PT/INR was not checked regularly, therefore the patient developed bluish discoloration of toes. Des
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