SWATI PRAKASH PATIL Vs. KIRAN RAJARAM VANARASE

JUDGEMENT

(1.) THIS is a complaint filed by Ms. Swati Prakash Patil through her father and natural guardian Mr. Prakash Appasaheb Patil. In this complaint of medical negligence, Prakash Patil has averred that opponents are Pediatricians and practising at Ichalkaranji, District Kolhapur.

(2.) ON 19.6.1996, the complainant aged about 8 months., was suffering from loose motions and vomiting. She was therefore taken to the hospital of Dr. Kiran Vanarase s Sukhrup Hospital at Ichalkaranji. On examination O.P. No. 1 Dr. Vanarase admitted the child in the hospital for treatment on 20.6.1996. The complainant did not get any relief. Therefore Dr. Vanarase, O.P. No. 1 decided to inject I V fluids through the veins near elbow joint. He could not locate vein. So number of attempts were made to locate the vein and put I V fluid. In that process, veins were badly punctured. Even then, without any proper care and due to negligence Dr. Vanarase continued to inject fluid through artery. As a result, by the evening right hand of the complainant was swollen. Thereafter O.P. No. 1 started to inject fluids through veins in the leg. Throughout the night, the child did not get any relief. By 6.00 a.m. in the morning of 21.6.1996, condition of the complainant deteriorated. O.P. No. 1 was called in the morning to the hospital, but he did not come till 10.00 a.m. By 9.00 a.m. on 21.6.1996, the complainant was in greater pain and was crying. Her fingertips started becoming black. Hence complainant s parents wanted to take discharge.

(3.) ACCORDINGLY , at about 9.00 a.m. discharge was taken from that hospital and complainant was rushed to hospital of O.P. No. 2 Dr. Vijaya Potdar, who found that right hand of the complainant was swollen and her fingertips blackened. She felt that it was a case of gangrene. She took opinion of Specialist of Dr. Badave and both of them gave treatment for Thrombophelitis. On 22.6.1996, gangrene was spreading in gradually into the upper portion of the hand. Dr. Badave was called and as per his suggestion, same treatment was given, but on being found that Dr. Potdar could not control the gangrene and spread of gangrene was imminent, parents of the complainant as such decided to shift the complainant at Wanless Hospital at Miraj and obtained discharge of the complainant on 22.6.1996 in the evening from the hospital of Dr. Potdar. O.P. No. 2 and then at about 11.30 p.m. she was admitted at Wanless Hospital at Miraj. According to complainant at Wanless Hospital on examining the complainant, doctors were shocked to see the condition of the complainant and expressed that if proper treatment is given within six hours of the detection of gangrene, it could be controlled. According to complainant, doctors at Wanless Hospital treated their best to save the hand. Costly injections were injected and despite best efforts made by the doctors at Wanless Hospital, right hand of the complainant above elbow joint was finally amputed on 2.7.1997. According to the complainant, he is grateful to the doctors at Wanless Hospital, who rendered best treatment to the complainant. In the complaint filed, complainant has alleged medical negligence on the part of O.P. Nos. 1 and 2 and he has further averred that loss of right hand has caused untold miseries, sufferings and hardships and throughout the life she is rendered disabled, she will suffer in her academic career, she would suffer unforeseen miseries and permanently, her life has been spoiled and ruined. Complainant had issued notices to both the opponents, but they denied the allegation of any negligence on their part and, therefore, complainant has claimed as per particulars given in para 15, an amount of Rs. 8,22,300 as damages from both the O.Ps.