ORDER

Appeared at the time of arguments:

For Medical Suptd.,

Mata Chanan Devi Hospital        :        Mr. S. C. Buttan, Advocate

For Sunita Saxena                     :        Mr. Aditya Goel, Advocate

Pronounced on: 10^th February 2023 

ORDER

1.       Brief facts to dispose both the appeals are that, on 28.03.2001 the Complainant Sunita Saxena (for short the ‘Patient’), suffered vomiting and general malaise. She was first taken to DDU Hospital and thereafter, on next day, admitted in Mata Chanan Devi Hospital. Dr. Dharmesh Jain examined her in the emergency ward. It was alleged that the Complainant informed Dr. Jain about her diabetic status since 4 to 5 years, but he advised to put the patient on glucose drip instead of saline. Her condition further deteriorated, she became restless and was feeling breathless. On enquiry why the glucose was given though patient was diabetic, the doctor kept silence. At 1.00 pm, the blood glucose level shoot up to 465 mg%, and patient became pale. The OP did not make any attempt to reduce the blood sugar. The family members were not allowed to meet the patient. After 1 hour, at about 2.00 pm, the patient was shifted to ICCU. At 3.00 pm, X-ray chest was taken, it showed features of broncho-pneumonia. The patient suffered respiratory arrest at 5.00 pm, she was intubated and put on ventilator. It was alleged that the ventilator was old and noisy.  The SpO2 was 70 to 80 %. Dr. Sudhir Chhabra visited the patient in ICU, and advised Dr. Jain to tie both the hands of the patient with the bandage to the fence of the bed to avoid pulling of urinary tube. It was alleged that the hands of the patient were tied to the bed from 2.00 pm till next early morning, which led to swelling and impaired circulation in hands. It resulted in to gangrene of the left hand. She further alleged that only fingertip of her left hand was visible from the bandage, which had turned bluish purple. The fingers became stiff and having no life. The doctors delayed to examine her cyanosed left hand.  The patient became very weak, drowsy and semi-conscious. Dr. Chhabra told the patient’s husband that no super specialists are available in their hospital, nor anyone from outside is ready to examine the patient. Consequently, the doctors from CTVS were called at 9.00am and discussed the case.  As there was no sign of improvement and  the patient was shifted to Apollo Hospital at 2.00 pm on 30.03.2001. At Apollo Hospital, it was mentioned in the clinical notes that there was gangrene of the left hand up to left wrist possibly as a result of long term compression of blood flow, because of venous edema. On 07.04.2001, the patient was shifted from ICCU to private ward. Dr.  Chacko, the Senior Vascular Surgeon at Apollo Hospital advised her for 10 days treatment of gangrene by hyperbaric oxygen therapy, which was very expensive. Finally, amputation of the fingers of the left hand was done. Being aggrieved by the medical negligence of the doctors at OP hospital, the Complaint was filed before the State Commission, Delhi. 

2.       The OP hospital and Insurance Co. filed their respective written versions. The hospital denied negligence during treatment of the patient. It was submitted that the patient came to the hospital in very critical stage and stayed in the hospital for less than 24 hours, without giving reasonable time for the treatment. However, she  stayed in Apollo Hospital for 2 weeks and  amputation was done after 20 days of her leaving the OP  hospital.

3.       The State Commission allowed the Complaint with the direction to the OP to pay Rs. 10 lakh as compensation alongwith interest @ 9% p.a. In addition, the State Commission has sent a copy of the Order to the Medical Council of India to initiate proper action against Dr. D. Jain and Dr. Sudhir Chhabra.

4.       Being aggrieved by the impugned order of the State Commission, the OP filed the First Appeal No. 612/2012 for setting aside the Order of the State Commission and the Compla