L.K. INDNANI Vs. INDRAPRASTHA APOLLO HOSPITAL

JUDGEMENT

(1.) ON account of medical negligence on the part of the O.P. resulting in death of mother of the complainant, the complainant has sought compensation of Rs. 19,77,227. Allegations of the complainant, in brief, are that his mother was admitted in Department of Cardiology, Safdarjung Hospital on 17.11.1997 and was diagnosed to be suffering from unstable Angina and Hypothyroidism. The Echo -cardiogram was done on 18.11.1997 and Ejection fraction was found to be 68% by the Safdarjung Hospital. Thereafter the specialist of the Hospital referred the case to Apollo Hospital for further treatment.

(2.) THAT the deceased was admitted with the O.P. on 24.11.1997 evening. The CABG operation took place on 26.11.1997 morning. On 29/30.11.1997 she was shifted to the ward. In the ward, she was made to walk a little but she developed drowsiness, sweating and blackening of face leading to collapsed state, therefore, she was shifted back to ICCU and was put on ventilator on 1.12.1998 and after 3 -4 days she was again shifted to the ward. Again the same problem repeated. Then she was shifted to ICCU and was put on ventilator. This process was repeated for four to five times. It is alleged that all these problems happened due to wrong diagnosis and wrong medical treatment by the O.P. Since due care and correct diagnosis had not been given to the patient prior to the operation and after the operation she died later on due to Mycardial Infauction (M.I.) Heart Failure.

(3.) THAT there has been a negligence, on the part of the Doctors of Apollo Hospital as hereunder: "Firstly : The cause of the patient's death was Myocardial Infauction (M.I.) i.e., Heart Failure as per the death certificate (Annexure A -2), there could be two possibilities: (A) The Respiratory Failure due to the Pulmonary Thrombo Embolism resulted into the Congestive Heart Failure (CHF).