HARJOT AHLUWALIA Vs. SPRING MEADOWS HOSPITAL

JUDGEMENT

(1.) Harjot Ahluwalia, the complainant in this case is a minor aged about six years at present, having born on 11-9-1991. He has filed this complaint through his parents claiming compensation for grave physical and mental damage due to the deficiency in service/ negligence on the part of the Opposite Party Nos. 1 & 2. The facts leading to this controversy involved may be summarised as under.

(2.) The complainant is the only child of his parents having been born on 11-9-1991. On 21st December, 1993, the minor fell sick due to high fever. He was treated at Kailash Nursing Home at Noida till 24th December, 1993. As there was no substantial improvement, the minor was brought to M/s. Spring Meadows Hospital, East of Kailash, New Delhi- Opposite Party No. 1 in this case on 24th of December, 1993 for treatment. The minor was examined by Dr. Promila Bhutani, Senior Consultant Paediatrician at the Hospital. On the advice of Dr. Bhutani, the minor was admitted as an in-patient on 27-12-1993 in the Hospital. On the basis of the Widal Test Dr. Bhutani came to the conclusion that the minor was suffering from typhoid. Dr. Bhutani told the parents of the minor that she had prescribed the necessary medicines for the treatment of the typhoid fever. On the same day i.e. 30-12-1993 at about 9.00 p.m., Miss Bina Mathews, the Nurse, Opposite Party No. 2 asked the father of the minor to bring medicine which was to be administered intravenously to the minor. She wrote down the name of the injection Inj. Lariago to be purchased. The father of the minor purchased the medicine from "Spring Meadows Chemists" shop. At about 9.30 p.m. the Nurse administered by intravenous injection one Ampule of the said medicine to the minor who was at that time in the lap of his mother. Immediately upon administering the injection, the minor collapsed. According to the complaint, the injection was administered to the minor by the Nurse directly without first applying a Test Dose. Also, the first dose of any sensitive injections must be administered by a Doctor and not by a Nurse to guard against any adverse reaction that an individual may have to such injection. The precaution was very necessary for the treatment of the minor child. This minors parents immediately called for help and within 5 to 7 minutes the Resident Doctor Dr. Dhananjay came to attend to the minor. At that time, the minor was totally motionless, Dr. Dhananjay told the parents of the complainant that the child had suffered cardiac arrest. Dr. Dhananjay started to manually pump the chest of the minor in a bid to revive his heart beat. No oxyen cylinder was available for immediate use.

(3.) Meanwhile, Dr. Anil Mehta, an Anesthetist and a partner in the Opposite Party Hospital was summoned for help. He arrived about half-an hour after the minor had collapsed and started a procedure of manual respiration upon the minor by applying an oxygen cylinder and a Manual Respirator/Ventilator. According to the complainant, appropriate equipment should have been employed for the minor immediately upon his collapse which was not done till the arrival of Dr. Mehta. Thereafter Dr. Promila Bhutani also reached the Hospital. The minor was kept on a device called a Manual Respirator/Ventilator. At that time the minor was having convulsions. Several monitoring devices had been attached to monitor the various physiological factors of the minor.