C.A.PHILOMINA Vs. VIJAYA KUMAR KODALI

JUDGEMENT

(1.) The facts of the case in brief are that the complainants husband late K.J. Thomas, hereinafter called the deceased, aged about 32 years was working as fitter in a private industry drawing a salary of Rs. 1,735/ - per month. While so complaining fever he approached the opposite party nursing home for treatment on 23.8.1995 where he was given two injections and prescribed some medicines on collecting necessary charges. After using the medicine prescribed by the doctor the deceased got severe pain in the right leg. He approached the doctor again on 24.8.1995 and took treatment till 25.8.1995 as in -patient. However he was taken to Nizams Institute of Medical Sciences (NIMS) in a critical condition where he died on the same day at 11.00 p.m. after undergoing operation. All this happened due to the wrong treatment given by the doctor. The discharge certificate issued by NIMS shows the cause of death as cardiac arrest due to gas gangrene. Hence she claims a compensation of Rs. 7 lakhs.

(2.) In the written version filed by the opposite party it is stated that the deceased had undergone treatment for recurrent fever with chills and rigors at a clinic in Shapoornagar near Jeedimetla before he approached the opposite party. He was admitted as an in -patient and was given two intramuscular injections one for body pains and fever DICLOFENAC, and another for vomitings REGLAN as symptomatic treatment with a view to arrest the temperature, vomiting and body pains for immediate relief to the patient. Since the patient was vomiting he was given two bottles of I.V. fluid drip to arrest dehydration. On the same day at about 2.00 p.m. as the patient was feeling better he sought for discharge against medical advise. He was advised to undergo Widal test, complete blood picture with Erythrocyte Sedimentation Rate test, complete urine examination and smear for malarial parasite. He was prescribed Malaquin and Ifimol tablets, meanwhile to control fever with chills. On 24.8.1995 the deceased came back to the nursing home around 1.30 p.m. complaining severe pain in the right buttock and thigh and that he was not able to walk freely. He was having temperature of 100 0F with diffuse swelling in right buttock and lateral part of the thigh. The opposite party diagnosed the case of the diseased on 24.8.1995 as cellulitis of the thigh. He was treated with antibiotics like penlox, garamycin injections and pain killers like diclofenac, fortwin and I.V. fluids. By next morning i.e., on 25.8.1995 the opposite party doctor noticed increased swelling. At about 7.00 a.m. the patient vomitted. The opposite party advised I.V. fluids. Swelling increased by 9.30. Hence it was decided that further treatment was possible only after special investigation. Accordingly he referred the patient to NIMS and accordingly discharged him at 9.30 a.m. where he was admitted for complaint of cellulitis. The deceased was treated by the opposite party as well as by the doctors at Shapoornagar and also at NIMS where he died. The treatment given by the opposite party cannot cause gas gangrene which is cause of death. The opposite party has given appropriate treatment and there is no negligence on his part.

(3.) The complainant was examined as P.W. 1 and marked Exs. A -1 to A -17 while the opposite party examined himself as R.W. 1 and marked Exs. B -1 to B -11.