ORDER

Appeared at the time of arguments

For the Complainant       :       Mr. Mohak Bhadana, Advocate

For the Opp. Parties       :       Mr. Rohit Jain, Advocate with

                                              Dr. S.S. Saha, OP-2 in person

Pronounced on:  23^rd May 2023

ORDER

DR. S. M. KANTIKAR, PRESIDING MEMBER                            

1.           The present Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 by Smt. Reena Bansal through her husband Ankur Goel (hereinafter referred to as the ‘Complainant’) against the Sir Ganga Ram Hospital (OP-2) & Dr. S. S. Saha-Sr. Consultant (Dept. of Plastic Surgery) – (OP-2) for the alleged medical negligence caused to the Complainant which rendered her permanently disabled, bed ridden and in a vegetative state. 

2. The Complaint:

2.1     On 02.05.2007, the Complainant, Reena Mittal (hereinafter referred to as the ‘Patient’), was admitted under Dr. S.S. Saha (OP-2) at Sir Ganga Ram Hospital (OP-1 - SGRH) for “Amelo Blastoma Right Ascending Ramus of Mandible surgery”. It was alleged that the surgery was delayed by two days without any reason, and eventually it was performed on 05.05.2007. The surgery started and continued until 0041 hrs on 06.05.2007. The jaw bone was reconstructed with the help of the fibula bone (graft). The patient was shifted to post-operative ICU under the care of the Anesthesia team and put elective ventilation. However, about 24 hours after the surgery, it was noticed that the Complainant's left upper limb was not moving. The CT scan of brain showed dense right MCA infract with mass effect. The doctors took measures to decrease Inter Cranial Pressure (ICP). The OP-2 did not seek the opinion of a Neurosurgeon or other experts. On 07.05.2007, the patient was shifted to the main ICU. It was alleged that despite being a renowned hospital, OP-1 failed to arrange blood at the time of surgery and resorted to 3 units of Autologous Transfusion by which patient’s Hb% become 8.4%.

2.2 On 09.05.2007, Dr. Rana Patir, a Neurosurgeon, performed a decompressive craniotomy to control the increased ICP and impending herniation. The patient was continued to be on ventilator. On 15.05.2007, Dr. Sumit Ray and Dr. Vinod Singh performed a tracheostomy in the ICU. The patient developed infection, therefore, she continued to have fever, and she was put on a ventilator under sedatives. On 18.05.2007, the patient was taken off from ventilator, but she remained in unconscious state. Thereafter, noticed pus discharge from the craniotomy site and high grade fever. Eventually, on 18.06.2007, a second surgery was performed to treat ventriculitis (inflammation of the ventricle), and she was kept for observation. On 12.07.2007, the patient was again put on a ventilator. On 18.07.2007, the Neurosurgeon performed septal perforation and removal of necrotic brain tissue. On 02.08.2007, the Complainant underwent VP shunt surgery, and   on 13.08.2007, she   moved back to the ICU due to a blockage of the tracheostomy tube. on 14.08.2007, she was shifted out of the ICU. It was alleged that the patient developed breathing complications due to improper placing of tracheostomy tube. On 24.09.2007, another Neurosurgery was performed, but there were no signs of improvement and she became in vegetative state.

2.3     Being aggrieved due to gross negligence of OP-1 & OP-2 the Complainant filed this Consumer Complaint through her husband Mr. Ankur Goel and prayed Rs. 12.07 Crore as compensation.

3.      Defence:

3.1     The Opposite Parties have filed their Written Versions, denying allegations of medical negligence. It was submitted that the complaint lacks cause of action and time-barred as it was filed after three years.

3.2    The OP-2 Dr. S. S. Saha submitted that the surgery was initially scheduled for 03.05.2007 but postponed due to the non-availability of blood as the patient's blood was AB Negative, quite rarely only seen in 0.2% of the population. The surgery was conducted on 05.05