NIVRUTTI G MORE Vs. VINAYAK DESHMUKH

JUDGEMENT

(1.) THIS appeal is preferred by the unsuccessful couple, having lost their complaint before the District Forum, Akola, alleging negligence in the treatment of their only son during his illness. A complaint No. 90 of 1993 filed by complainant came to be dismissed by the District Forum, Akola by the impugned order dated 21st August, 1993.

(2.) THE facts giving rise to the consumer dispute are that the complainant couples only son, Sachin, aged about 9 years was suffering from fever and was admitted in the private hospital, owned by Dr. Vinayak Deshmukh of Akola. THE hospital is known as "Deshmukhs Children Hospital". Sachin was admitted on 9-10-1992. On the next day of admission, a sample of his blood was tested for pathological examination. On 3rd day, i.e. on 11-10-1992, Dr. V. Deshmukh, opposite party, left away for Mehekar town at about 6.20 p.m. THEreafter Sachin died in the hospital. THEse are the admitted facts. THE complainant alleged that Sachin was diagonosed having "Typhoid". THE complainants alleged that after the admission of Sachin, in private nursing home of opposite party, it was his responsibility to take reasonable care about Sachins treatment during hospitalization but Sachin died due to the negligence of opposite party. According to complainants, opposite party never informed them that he will be away from his hospital after admission of Sachin. It is also alleged that Dr. Vinayak Deshmukh personally was to treat Sachin but he left for another town on 11-10-1992 at 6.20 p.m. knowing the condition of Sachin which was deteriorating. THEre was no responsible medical person available to attend on Sachin, in the hospital during the absence of opposite party. It is also alleged that one Mohd. bhai, an employee of Dr. Vinayak Deshmukh, was acting as a compounder in the hospital in absence of opposite party and was not competent to treat Sachin. It is proved fact that in absence of Dr. Vinayak Deshmukh, the said Mohammadbhai on 11-10-1992 prescribed an injection "Nivaquine" and `Dyppacil tablets under his own signature on the letter pad of Dr. Vinayak Deshmukh. THE said document is at Annexure `A. THE aforesaid medicines were told to be purchased by complainant by said Mohd. bhai and he injected the full vial of "Navaquine" injection to Sachin at about 6.00 p.m. in his presence. THE complainant alleged that immediately within 20 minutes Sachin died as a result of that injection. Before his death, Sachin vomitted blood. THEreafter, Mohd. bhai sent for Dr. Anoop Kothari and he declared Sachin dead. THE complainant alleged that his only son died due to negligent medical treatment during the hospitalization in O.Ps hospital.

(3.) ACCORDING to the District Forum, the "Navaquin" injection was administered to Sachin, twice by Dr. Anoop Kothari and rejected the contentions of complainant that it was administered by Mohammadbhai, compounder. While dismissing the complaint, the District Forum also concluded that since alternative arrangement was made by Dr. Deshmukh, in his absence by instructing Dr. Kothari, there can not be a case of negligence on the part of Dr. Deshmukh while treating Sachin.