SUDHA GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE plaintiff, Smt. Sudha Garg, alleges medical negligence and seeks recovery of damages of Rs.53,41,723.00 from Union of India, Chief of Army Staff, Adjutant General, Directorate General of Medical Services (Army) and Army Hospital (Referral and Research), defendant Nos. 1 to 5, respectively (hereinafter collectively referred to as defendants, for short) and two doctors Lieutenant Colonel A.K. Nagpal and Lieutenant Colonel V.K. Shukul (hereinafter referred to as defendant Nos. 6 and 7 respectively).

(2.) THE plaintiff is wife of Brigadier M.L. Garg (Retd.) and on 14th October, 1999 had visited Gastroenterology Department of the defendant no.5 hospital, at Delhi. She was examined by defendant No. 6, Gastroenterologist and diagnosed as an old case of severe gastritis with history of heart burn. OPD card/ case history Exh.PW1/2 dated 14th Oct.,1999, an admitted document, records that the plaintiff did not complain of pain in abdomen and dysphagia (difficulty in swallowing). She was advised to undergo Upper Gastro Intestinal Endoscopy (UGIE, for short) on 15th October, 1999. UGIE is a procedure for visual examination of lining of food pipe, stomach etc. by using a flexible tube with an endoscope, which is inserted through mouth, swallowed and gently pushed inside the esophagus or food pipe.

(3.) DEFENDANT No. 7 is an ENT specialist working with the defendants and had examined the plaintiff on 16th October, 1999 in the defendant no.5 hospital. Case sheet dated 16th Oct., 1999 was denied by the defendants at the time of admission/denial, but it is clear from the affidavit/evidence of defendant No. 7 that he has accepted the said case sheet. The said case sheet has been marked Exhibit P-1A/DW-1. Case sheet dated 16th October, 1999 records that UGIE had been attempted several times yesterday (i.e. 15th October, 1999) and the plaintiff had developed odynophagia (painful swallowing) to solids and liquids after one day. After physical examination, defendant No. 7 has recorded that the plaintiff had swelling in left pyriform sinus (left aperture space of voice box) most likely due to iatrogenic trauma (injury caused during medical or surgical procedure) during UGIE and pooling of saliva in left PF FOSSA (left aperture space of voice box). The defendant No. 7 prescribed tablet Rentec and liquid antacid for a period of twelve days. He also prescribed Prednisolone 40 mg each for three days to be tapered down by 10 mg every three days for a total period of twelve days.