ORDER

Appeared at the time of arguments

For the Complainant       :  Ms. M. Malika Chaudhuri, Advocate

                                         with Mr. Parikshit Dalal, Complainant in person

For the Opp. Parties       : Mr. G. N. Shenoy, Advocate

Pronounced on:  23^rd May 2023

ORDER

Dr. S.M. KANTIKAR, PRESIDING MEMBER    

Deaths due to anaphylactic shock are uncommon and it is a diagnosis based on findings which may not always be present and as such poses challenges for the forensic pathologist or an expert in reaching certainty with regard to the cause of death. A holistic view that all findings need to be considered in the approach to reach a definitive cause of death. 

2.       Facts of the Complaint:

2.1     The Complainant No. 1 - Parikshit Dalal and his wife  Mrs. Kapali Patne (since deceased, hereinafter referred to as the ‘patient”), on 13.04.2010, consulted Dr. Indira Rao (OP-2), the Sr. Gynecologist at Santosh Hospital (OP-1) during her first pregnancy. The OP-2, after examination, informed that the baby was large and advised the couple for Caesarean Section (LSCS) delivery. Accordingly, LSCS was fixed on 16.04.2010. The patient informed the OP-2 about her allergy to Sulpha drugs and also about her congenital (L5) birth defect. It was mentioned in her Ante Natal checkup (ANC) card.

2.2     On 16.04.2010, in the morning at around 6.30 am, the Complainant No. 1, his wife and their family members came to OP-1 Hospital.  At around 8.00 a.m., the Anesthetist Dr. P. Ashok (OP-3) met the Complainant No. 1 and discussed whether General Anesthesia (GA) or Epidural Anesthesia should be given, as he was very worried about GA, which was not normally used for Caesarean Section. The OP-3 stated that as advised by OP-2, he will give GA.  Thereafter again the Complainant-1 spoke to OP-2 about GA, who assured him that there would be no complications. She did not advise any pre-anesthetic tests.  At 9.15 am, the patient was taken into Operation Theater (OT), at the same time, the OP-2 also entered the OT.  At around 10.15 am, the Complainant-1 suddenly noticed a flurry of activities and all the senior doctors, staff from the hospital including the CMO Dr. Sharieff of Santosh Hospital rushed into the OT. At about 10.40 am, the OP-2 informed the Complainant-1 and his friend that the patient was given GA and one-in-a million patient may react violently to the drug. The OP-2 informed that due to severe ‘Anaphylactic shock’ from Sodium Pentothal (anesthetic agent), the condition of the patient became very critical and the doctors were trying their level best to revive her and shifted to ICU. The Complainant-1 repeatedly enquired with OP-2 and OP-3 about the condition of his wife. The OP-2 expressed very slim chances of survival in her words as - 'She is as good as gone'. The OPs-2 & 3 had shown little concern and anxiety while monitoring the patient. It was further alleged that Dr. Indira Rao (OP- 2) was trying to selectively isolating herself from the situation as she told the Complainant that, “look, I have not even touched your wife”.  

2.3     The patient was taken to the ICU at around 11 a.m. and around 11.50 a.m., she and her unborn child were declared dead. Thereafter, the doctors and hospital authorities insisted the Complainant-1 to take away the dead body of his wife at the earliest. It was further alleged that the OP-2 did not assess the condition of the baby and failed to save the baby with the help of surgery.  

2.4     The Complainant alleged strongly that his wife died in the O.T. itself. However, to cover-up their negligence, the doctors tried to show it as shifted to ICU. Therefore, the actual reading of monitors was not available on record. The ICU monitor showed zero reading, which itself confirms that the patient and unborn child were already expired in the O.T. at 11.30 a.m. The OP-2 made casual attempt to note Foetal Heart Sound (FHS) on the dead body and even the USG was actually done at 12.05 to 12.08 p.m., which was 15 minut