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IN THE STATE COMMISSION: DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 16.11.2018
Complaint Case No.72/2006
In the matter of:
1.
Meena Ram
w/o. Late Shri Jiwan Ram
N. B. Modern Agencies, Hill Cart Road,
Siliguri-734401, West Bengal
:
2.
Sushila Ram, Advocate
d/o. Late Shri Jiwan Ram,
133, Lawyers Chambers,
Supreme Court of India,
T ilak Marg, New Delhi-110001.
3.
Anand Prakash
s/o. Late Shri Jiwan Ram,
N. B. Modern Agencies, Hill Cart Road,
Siliguri-734401, West Bengal
Complainants
Versus
1. Dr. Rajiv Parakh
Head of Department of
Vascular and Endovascular Surgery,
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
:
2. Sir Ganga Ram Hospital
Rajinder Nagar,
New Delhi-110060
:
3. Dr. Sandeep Aggarwal
Department of Vascular and
Endovascular Surgery,
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
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4. Dr. Tarun Grover
Department of Vascular and
Endovascular Surgery,
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
5. Dr. J. P. S. Sawhney
Department of Cardiology,
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
6. Dr. A. Mehta
Department of Cardiology,
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
7. Dr. R. R. Mantri
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
8. Dr. B. Kandpal
Sir Ganga Ram Hospital,
Rajinder Nagar, New Delhi-110060
Opposite Party(s)
CORAM
:
N P KAUSHIK, Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
Yes
2. To be referred to the reporter or not?
Yes
Cases relied upon
1.
Sulochana Lad vs. Dr. Mohan Gerra & Anr.,
IV (2016) CPJ 505 (NC),
2.
Samira Kholi vs. Dr. Prabha Manchanda and others,
I (2008) CPJ 56 (SC)
N P KAUSHIK – MEMBER (JUDICIAL)
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JUDGEMENT
1. Complainant no. 1 is the widow of the deceased Shri Jiwan
Ram. Complainants nos. 2 and 3 are her daughter and son
respectively. Present complaint of medical negligence is
directed against Dr. Rajiv Parakh the then Head of the
Department of Vascular and Endovascular Surgery, Sir Ganga
Ram Hospital, New Delhi (in short OP no.1) and Sir Ganga
Ram Hospital, New Delhi (in short OP NO. 2). Dr. Sandeep
Agarwal, Dr. Tarun Grover, Dr. J P S Sawhney, Dr. A. Mehta,
Dr. R. R. Mantri & Dr. B. Kandpal were the doctors working in
OP2 hospital at the relevant time who attended upon the
patient Sh. Jiwan Ram at various points of time. All these
doctors are impleaded as OP no. 3 to 8.
2. Facts in brief of the complaint are that the patient Sh. Jiwan
Ram was 83 years old at the relevant time i.e. in the year 2005
when he underwent the treatment in question in OP2 hospital
bypass surgery of heart at the Madras Medical Mission,
Chennai was conducted in August 1995. He consulted OP1
doctor, who advised him to undergo carotid endarterectomy of
the right carotid arter. A carotid endarterectomy is an excision
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of the thickened atheromatous areas of the innermost cost of
the carotid artery, the principal artery of the neck. Atheroma is
a mass or plaque of degenerated thickened matter which
narrows or even blocks the artery thereby constricting blood
supply to the brain. Sh. Jiwan Ram had undergone the said
surgery at OP2 hospital in August, 1995.
3. On 13.12.2000. Sh. Jiwan Ram had a second bypass surgery
of the heart at Apollo Hospital, New Delhi. On 27.09.21002
the patient underwent a check up at Apollo Hospital, New
Delhi. After detailed check up patient’s Left Ventricular
Ejection Farction (LVEF) was 15%. LVEF is the fraction of
blood pumped out of the Left Ventricle with each heart beat.
.
4. On 18.07.2005 patient underwent a check-up at Apollo Clinic,
Siliguri. Patient had a creatinine level of 1.5 mg/dl against the
normal range of 0.6 to 1.3 mg/dl.
5. On 27.08.2005 the patient met OP1 doctor at OP2 hospital for
his medical check
