LAWS(DLH)-2009-5-280

GANESH MANI Vs. SHIKHA SAINI

Decided On May 15, 2009
GANESH MANI Appellant
V/S
SHIKHA SAINI Respondents

JUDGEMENT

(1.) THIS revision petition is directed against an order dated 19th December 2007 passed by the learned Metropolitan Magistrate ('MM'), New Delhi holding that there was material on record to charge the Petitioner and other accused for the offences under Sections 336/337/471 read with 34 IPC.

(2.) THE case of the prosecution is that the complainant Satish Kumar Batra retired as Secretary, Social Welfare, Government of Delhi, in 1994. He had a cardiac problem and was admitted to the National Heart Institute ('NHI'), East of Kailash, Delhi on 24th May 1998. He was advised a bypass surgery by the NHI. It was thought that the Apollo Hospital (A-2) which is run by the Indraprastha Medical Corporation Ltd. (A-1) would be a safer place. On 30th May 1998 the complainant the complainant was shifted to Apollo Hospital for his surgery. The Petitioner Dr. Ganesh Mani (A-3), along with Dr. S.K.Gupta, Senior Cardiologist (A-4) and Dr. A.M. Dua (A-5) decided that the bypass surgery would be done on 1st June 1998. The bypass surgery performed on that day resulted in the complainant having to spend an aggregate sum of Rs. 2,22,123.03 as fees and Rs. 36,750 for medicines. On 11th June 1998 the complainant was discharged having been found fit. The complainant alleges that the discharge report dated 11th June 1998 was false. Inter alia, it is alleged that there were 70 entries regarding blood pressure in the medical chart of the complainant for the period 8th to 11th June 1998 and the blood pressure touched 120/80 only once in the intervening night of 8th/9th June 1998. It was 110/70, 100/64 and 90/65 on 8th, 9th and 10th May 1998 respectively. According to the complainant the discharge report nevertheless reflected his blood pressure to be 120/80 as if it was for a normal person. The other criticism of the discharge summary was that it failed to indicate the ejection fraction, the TLC (which was a measure of infection), information about sputum infection and was generally deficient in all vital signs including blood cholesterol. The allegation is that at the time of discharge the complainant had sputum infection and was suffering from fever. According to the complainant A 3 to A5, in failing to indicate the above factors in the discharge summary, acted in a rash and negligent manner as to endanger the life and personal safety of the Petitioner.

(3.) IT is then claimed that from 30th July 1998 to 19th February 1999 the complainant had 16 consultations with A-3 to A-5 during which a number of investigations were got done. All these tests were negative for TB but A-5 falsely attributed the infection at the time of bypass surgery on 1st June 1998 to TB. Consequently they started the Anti Tuberculosis Treatment ('ATT') which was unwarranted. This produced severe allergic reactions. On 23rd September 1998 A-5 noted chest inflammation and sought the opinion of A-3 who prescribed a certain course of antibiotics. Chest inflammation had by 5th October 1998 become a wound and A-3 dressed the wound and prescribed antibiotics. It is claimed that despite clear sign of sternum infection A-3 to A-5 wrongly continued with the ATT and ultimately this was discontinued only on 7th November 1998. It is alleged that there was persistent discharge from the place of sternum incision. Antibiotics continued to be prescribed. A-3 to A-5 instead of treating the root cause tried to suppress the infection with antibiotics. Ultimately on 19th February 1999 A-3 to A-5 diagnosed that the sternum wires were the cause of infection. They persuaded the complainant to get admitted for a third time to Apollo Hospital for another operation for removal of sternum wires. This was done on 20th February 1999 and complainant was informed by A-3 that all the sternum wires exposed and removed. The complainant was discharged on 29th March 1999 and a sum of Rs. 30,242 was charged from him for removal of sternum wires. The operative and post- operative notes regarding the removal of sternum wires were written by A-3 himself.