SAKIL MOHAMMAD VAKIL KHAN Vs. PERIN IRANI

JUDGEMENT

(1.) ON 4th December, 1994 at 11. 00 p. m. , Mrs. Salma Shakil Khan, the patient, in labour was admitted into the opposite party No. 3s hospital with a complaint of possibility of absence of foetal movements. Opposite party No. 1 examined the patient and found her general condition good with readings of pulse as 84/min. , B. P. 130/90, uterus full term with vertex floating and foetal heart sounds were heard with Doppler as 140/min. The patient was given I. V. fluids with necessary medication and her progress was watched by opposite party No. 1 every hour.

(2.) ON 5-12-94, at 6. 00 a. m. , O. P. No. 1 informed Dr. Bhagat, the regular Anaesthetist to be available in case anaesthesia was required. Dr. Bhagat was busy with prior commitment to attend at Breach Candy Hospital and so excused his absence. At 8. 00 a. m. , the patients membranes ruptured spontaneously and there was meconium stained liquor which indicated foetal distress which decided the case fit for the caeserian operation which is unavoidable at the present stage. Opposite party No. 1 sent a message to another anaesthetist Dr. Gada to come to Hospital and also arranged for a Paediatrist to be present. Opposite party No. 1 also called for Dr. Dinoo Dalal, an honorary doctor at the hospital along with Dr. Mrs. Langdana her co-resident, who is another honorary doctor to be around and help as the patient was obese.

(3.) DR. Gada, the anaesthetist arrived at 9. 00 a. m. but could only wait till 10. 00 a. m. as the consent form was to be signed by male members and they were not present at the time. At 10. 00 a. m. the father-in-law of the patient gave the consent for caeserian operation and then it took time to find another anaesthetist. Another anaesthetist, Dr. C. K. Dave, the O. P. No. 2 arrived at 11. 15 a. m. and on examination decided to administer spinal anaesthesia. Delivery of the baby was quick, baby cried well and placenta was expelled. While suturing the lower segment, O. P. No. 1-Dr. Irani noticed blood to turn dark and informed O. P. No. 2 - Dr. Dave immediately about it. O. P. No. 2 assured O. P. No. 1 that the patients condition was good and told her not to worry and that necessary measures were being taken by him. O. P. No. 1 continued with the abdominal closure with the assurance of O. P. No. 2. Meanwhile, O. P. No. 2 was found struggling to feel the pulse and O. P. No. 1 requested Dr. Langdana to assist O. P. No. 2 for intubating the patient. After intubation, pulse was satisfactory and O. P. No. 2 ventilated the patient and told O. P. No. 1 to continue suturing that the patient was alright. When O. P. No. 1 completed the operation, O. P. No. 2 was still ventilating the patient and said that the patient was coming out and he removed the intubation tube. When the intubation tube was removed, breathing became very difficult and the patient was comatose and eyes rolled up. At this stage, O. P. No. 2 kept insisting that "the patient is fine and that there is nothing to worry. "