G SAMPANTI Vs. HINDUSTAN AERONAUTICS LTD

JUDGEMENT

(1.) THIS appeal is filed by above named person, against the above respondents, challenging the order dated 25.6.2002 in Complaint No. 2501/1992 of District Forum, Bangalore Urban, praying for setting aside the impugned order, and allow the appeal with a direction to pay compensation of Rs. 4,95,000/ - to the above respondents jointly and severally, and for other reliefs deemed fit.

(2.) O .P. 1 has not filed any version. O.P. 2 has, in the version challenged the complaint as barred by time, and matter requires detailed evidence for just decision. Complaint under Consumer Act, is not tenable, and has to be dismissed in limine. Negligent and illegal Act alleged is denied, on merits, it is stated that O.P. 2 Hospital is more than 90 years old and attached to Christian Medical College, with Multi Disciplinary Teaching Hospital, offering the patient care and treatment of ailments (various) and illness containing various departments. It is a, 1350 bed Hospital. For M.B.B.S. 60 students and post graduate course about 130 students are admitted every year. O.P. 2 has earned a very great reputation for excellent quality of its services and commitment to its medical and non -medical persons and in relieving human suffering. O.P. 2 saw the complainant on 12.3.1992. Dr./Prof. Shankar Krishnamurthy, M.D., D.M., examined him with the history of 1967. On the evaluation of his past records, the investigation done, diabetes mellitus and Ischemic Heart Disease with Arrhythmia were diagnosed, and appropriate medications to control irregular heart beats, and also for the control of blood sugar, were prescribed, after doing all the tests. He was treated as out -patient in cardiology department. Above Professor saw him for 5 times. He was investigated by the Professor of follow -up tracings of heart beat (ECG) and blood sugar, and adjustment was made in his medication as required. Last visit was in Sept. 1982. In December 1986, complainant was referred to O.P. 2 due to persistent symptom, chest pain, mainly. It wad decided to investigate further. He was admitted as in -patient for detail study of heart functions by catheterization (study of state of blood vessels supplying the heart muscles), findings revealed and normal state of blood vessels of the heart. However, pressure studies supported a diagnosis of dialaod cardiomyopathy. This is a rare condition leading to enlargement of the heart chambers, the cause of which is unknown and treatment of this condition is generally unsatisfactory (American Journal of Cardiology, Vol. 4, No. 3, Pg. 525). On 3.1.1987, complainant was issued with medical report outlining the diagnoses and treatment. This contains the diet drugs to be taken, and a follow -up visit in one year advised. Complainant then visited O.P. 2 on 1.5.1987 again with the complaint of pain in the left hand, of one month duration as noted by Cardiologist in his O.P. records. Complainant was referred to Senior Registrar, Cardiothoracic Surgery (post graduate in General Surgery and is undergoing advanced training in cardiothoracic Surgery). He was subsequently referred to General Surgery, Unit -II, wherein the basis of clinical examination and follow -up studies in blood vessels (Doppler study), diagnoses of embolism in the brachial artery in the right side was made. This is a clot blocking supply of blood to the arms and hands. Complainant was hospitalized, and under local Anaesthesia using a balloon catheter clot was removed on 2.5.1987. It was followed by a more definitive procedure under General Anaesthesia, where the blood vessel was explored and widened using the balloon method, an angioplasty. Complainant was discharged on 22.5.1987 with medications to control his B.P. Diabetics, cardiac disease and also anticoagulants (to control clot formation), mentioned in discharge summary issued by Surgery, Unit -II containing advice of diet, drugs and follow -up advice.

(3.) IT is further stated that complainant was referred by O.P. 1 again on 11.7.1987 under a letter for dispulsation of felt in the vessel, which had been repaired. He was readmitted under surgery, Unit -II. His ring finger in the right hand was black due to gangrene. It was due to the death of tissue of consequent upon poor or absent blood supply, as smaller vessels supplying the tips of the fingers are probably black. On 14.7.1987, the last to phalanges (last two joints) of the ring finger of the right hand were amputated for control of pain as they were gangrenous and non functional. For this procedure, for every admission, the patient or his relative signs a consent form which states that "Permission is hereby given for the performation of any diagnosis examination, Biopsy, transfusion, on operation and for administration of Anaesthesia as may be deemed advisable in the course of this hospital and mission". In the case of the complainant, he himself (G. Sampangi) has signed the above consent. He was discharged on 23.7.1998 with a medical report outlining the further treatment. Following 2nd operation also, complainant had been attending out -patient clinic in cardiology, surgery Unit on II and also in the endocrine Unit. He was last in surgery unit as an out -patient on 11.12.1989. When he still complained of some weakness in right hand, which has no worse than earlier, perception of sensation was noted to be normal. In subsequent events, he complained of weakness in the right hand. His disease was noted to be out of control. He also complained reduce of effort tolerance, which was attributed to his heart disease. Appropriate advice was given and the nature of his heart disease was once again advised to him, last follow -up was reviewed in February 1993, when he was seen by Cardiologists, and after investigation medication was prescribed. Complainant suffers from dilated mayopathy, diabetic mellitus. Follow -up was made from time to time for his various medical conditions. Basic disease process, which he suffers from, has no proven curator treatment. Appropriate medication to control symptom and minimize discomfort have been prescribed. He has been issued with medical certificates and discharge summary stating the nature of illness. The gangrenes of the ring finger leading to surgical removal at the last two joints and also removal of the clot and the angioplasty were all required due to clot blocking the artery. This occurred 5 months after cardiac catheterization. Two are not related since, (1) one temporarily would expect the clot to have performed much earlier, it related to the procedure (2) The disease process dilated cardio mayopathy is known to have a pre disposition to systematic emboli (Ref). The Heart Arteries and Veins, 7th Edition, Chief Editor J. Willis Hurst, M.D., says "75% of patients with dilated cardiomayopathy ventricular thrombosis at necropsy, the inter cardiac known often give rise to pulmonary and systemic emboli". (Ref.2) The American Journal of Cardiology, Vol. 47, No. PP527 states that of 103 patients with dilated cardio mayopathy 18% end systemic emboly". The problem in the patients right upper limb are directly attributable to this complication of his disease dilated cardiamayopathy. He has been treated with anti -coagulates to reduce the clotting of blood to prevent these complications as far as possible. Complainant had appropriated evaluation and therapy offered to him. The complication he has leading to loss of a portion of his right ring finger is a known complication of his complex heart problem and is not attributable to any negligence, lack of professional knowledge or acts of omission or commission on the part of O.P. 2. There were no acts on the above, by the medical team of O.P. 2, which contributed to the complainants loss of two phalanges of the right ring finger. Compensation claimed is baseless and vexatious. Other allegations to be strictly proved. Complaint to be dismissed.