V C BENDALE Vs. LEELA VEERAJANEYULU

JUDGEMENT

(1.) This revision petition has been filed by Dr. (Mrs.) V.C. Bendale, who was sole opposite party before the District Consumer Disputes Redressal Forum, Thane (District Forum for short), against the order dated 2nd of January, 2006 passed by the Maharashtra State Consumer Disputes Redressal Commission, whereby while quashing/setting aside the order of the District Forum it has allowed the appeal of respondent/complainant and directed Dr. Bendale to pay a sum of Rs.2,60,000/- along with 7% interest from the date of filing of the complaint within a period of 30 days from the date of receipt of their order. The District Forum vide its order dated 16th of March, 2001 had dismissed the complaint of the respondent/complainant.

(2.) Facts of the case, giving rise to the present revision petition, are that complainant s son Aditya aged 8 years 10 months, who was suffering from fever, was taken to the clinic of Dr. Bendale on 30.09.1997. Dr. Bendale prescribed medicines Surpoxion and Reziz and also provided some other medicine from her clinic. After 2-3 days the fever was under control but subsequently on 13.10.1997 in the night there was uneasiness to the patient due to which he could not sleep in the night. In the morning the patient was taken to the clinic of Dr. Bendale with complaint of watery eyes and some redness in the eyes. Dr. Bendale this time prescribed eye-drop Pyrimon and gave some tablets from her clinic. On 14.10.1997 during the patient s second visit to Dr. Bendale some more medicines were prescribed. On 15.10.1997 in the morning when again there was high fever to the patient and his eyes were red and watery, besides rashes on the chest and back and eruption on the lips, he was taken to Dr. Bendale, who this time too prescribed medicines including Reziz and also issued a certificate that the patient was suffering from Malaria on the request of the complainant for submitting the same in the school of his son for his absence. After coming home, when the patient was administered one tablet of Reziz rashes developed all over his body within half an hour. The complainant immediately contacted Dr. Bendale who referred the patient to a Pediatrician. On 15/10/1997 at about 1800 hours the Pediatrician examined the patient; diagnosed the disease to be Stevens Johnson Syndrome" (SJS); explained that it was due to drug reaction; prescribed some medicines; and advised to admit the patient to his hospital. On his way home, the complainant along with the patient approached Dr. Bendale, who stated that it was not a case of drug reaction as stated by the Pediatrician. However, the patient was administered the medicines prescribed by the Pediatrician but of no help. Initially on 16.10.1997 the complainant took the patient to the hospital of the Pediatrician, who after admitting and examining the patient in the hospital advised him to take the patient to a better hospital. On 17.10.1997 in the morning the complainant being a retired employee of the Indian Navy took the patient to Naval Hospital INHS Asvini", Mumbai. At this Hospital after completing necessary formalities the matter was reported to the Senior Duty Medical Officer Surg. Lt. Cdr. (Mrs.) S.S. Mathai, a qualified specialist in Pediatrics, who opined that the patient was very serious and the patient was shifted to ICU. While the necessary treatment was being given to the patient at Naval Hospital on 24.10.1997 his condition started deteriorating and ultimately he died at about 1150 hours. In the death certificate issued by the Naval Hospital the cause of death is shown as Cardian Arahythmia (ICD 427) due to or as consequence of Stevens Johnson Syndrome (ICD 693). In this background, alleging medical negligence the respondent/complainant filed a complaint before the District Forum.

(3.) The District Forum, however, found no force in the complaint and dismissed the same.