TEJ PAL RUSTOGI Vs. CENTURY RAYON HOSPITAL

JUDGEMENT

(1.) THE case of the complainant is that his wife-Sushila Devi (deceased) started feeling giddy in the morning of 23.1.2001 and after rest her giddiness gradually subsided. She was taken to a hospital and at that time she was in fully conscious state of mind and was intelligent in her speech. Patient was taken to a nursing home where an ECG was done and nothing abnormal was detected and as a precautionary measure she was taken to Century Rayon Hospital - OP No. 1. She was admitted at about 10.30 a.m. under the charge and treatment of OP No. 2 - Dr. S.V. Khadikar and she was perfectly alright till 3.30 p m. At about 3.30 p.m. OP No. 2 told the complainant that an injection costing about Rs. 10,000 had to be administered to the patient. Immediately after injection was administered, the patient fell unconscious and extremely restless. OP No. 2 asked the relative of the patient to go out of the room. Afterwards it was found that the skin of the patient was covered with bluish patches and she had not regained consciousness. The condition of the patient did not improve and at about 11.00 a.m. on 24.1.2001 the complainant asked the OP No. 2 to discharge the patient and refer her to Jaslok Hospital. The OPs took seven long hours to discharge the patient even though formal request had been made at 10.30 a.m. Discharge card, letter referring the patient to Jaslok Hospital and investigation reports have been annexed with the complaint. Patient was shifted to Jaslok Hospital in an Ambulance equipped with sophisticated instrument and gadgets and a cardiologist was also present in the van. The ambulance bill was for Rs. 3000. On 25.1.2001 the patient was declared dead at Jaslok Hospital. She died due to massive intra cerebral bleed as a result of Urokinase injection. The complainant sent legal notice calling upon the respondent to compensate him for Rs. 25 lakh failing which to furnish the medical record of the deceased so as to file the case against them. True copies of the replies received after filing the original petition have been annexed. According to the complainant, OPs have been negligent in diagnosing and treating the patient, as a result of which the patient died. The complainant has also annexed the treatment papers from the Jaslok Hospital. The complainant claims compensation of Rs. 25 lakh with 24% interest and also further compensation for pain and mental agony, etc.

(2.) OPPOSITE party-hospital in its written statement has stated that patient had been admitted to the hospital on 23.1.2001 with complaint of chest pain, giddiness with history of hypertension and was attended by the doctor's on duty and routine medical tests were done. Blood Pressure was 150/100 and history of Ischemic Heart Disease was narrated by the patient and her relatives. Considering the history and clinical findings, treatment was started to control the blood pressure so as to avoid heart attack. The doctor as a precautionary measure prescribed life saving drug, namely injection Urokinase (15 lakh units) and a note was made in the case paper against the said injection as SOS, which means that as and when required it should be given. At about 3.00 p.m. the condition of the patient deteriorated and blood pressure was 180/100 and there was a complaint of severe chest pain and the cardiac profile result was shown positive. Therefore, injection, Urokinase was administered to the patient to control the condition which would have lead to heart-attack. It is submitted that injection Urokinase was a life saving drug and its side effects are never fatal or dangerous/injurious to the health of the patient. The patient was given other medicines and after administering medicines, the condition of the patient was brought under control. It has been denied that after administering injection Urokinase the patient fell unconscious and became extremely restless and presence of blue patches on the skin was also denied. On the next day at about 11.00 a.m. the patient was discharged on the request of her relatives. It is denied that the OP took inordinate long time in preparing the bill and discharge papers. It is also denied that massive intra cerebral bleed was as a result of Urokinase injection. Injection Urokinose is commonly given to patients having history and symptoms of IHD and hypertension which may lead to heart attack. It is further submitted that the condition of the patient was not at all bad when she was taken to Jaslok Hospital and the OP is not responsible for the death of the patient in Jaslok Hospital. It is also submitted that the cause of death i.e. massive cerebral bleeding is not due to any side effect of the injection Urokinase.

(3.) OP No. 2 Dr. S.V. Khadikar has filed a separate written statement in which basically the same stand taken by OP Hospital has been put forth. It has been emphasized that while administering injection Urokinase there was no such contra indications during the course of administering the drug immediately thereafter till discharge of the patient. There was no side effect till discharge.