(1.) The son of the complainant, Sanjeev Arora, aged 24 years was taking treatment for cough and breathing problem from Dr. Bansal who referred him to St. Stephen s Hospital (hereinafter referred as OP Hospital ) on 9.4.1998 for treatment of his illness which was diagnosed as pneumonia. Sanjeev Arora was admitted in a private ward of OP hospital. According to the complainant, there was gross, culpable and wilful neglect on the part of the OPs inasmuch as his son Sanjeev Arora was not attended to or examined for 18 hours after his admission that is to say from 9 p.m. on 9.4.1998 till 3 p.m. on 10.4.1998 either by senior doctors or even by OP No. 2 who was Doctor In-charge for treatment of Sanjeev Arora. It has been specifically stated that no medicine was administered to Sanjeev Arora even though the patient suffered from serious ailment; namely, pneumonia and he required prompt treatment as well as medical care and attention. It is further stated by the complainant that even in spite of repeated requests neither OP No. 2 nor any other doctor of the unit attended to his son, or examined him or commenced treatment. Belatedly, Sanjeev Arora was put on artificial respiration but, the Oxygen Cylinder, which was put on the machine of artificial respiration, was completely empty and despite repeated requests for arranging/filled up Oxygen Cylinder from other rooms, the same was not arranged. The patient was fast deteriorating and was shifted to Intensive Care Unit (ICU) at 4 p.m. on 10.4.1998. The OPs did not give true picture of the state of health of the patient and kept them in the dark all along the treatment. When the condition of the patient had deteriorated to alarming state, the complainant had requested OP No. 2 and other doctors of OP No. 1 to get opinion from experts from other hospitals or to shift the patient to Apollo Hospital but OP No. 2 snubbed the complainant saying that Hospital Rules do not permit the same. It is further alleged that the patient was thoughtlessly strapped at legs, arms, chest upto his shoulders in ICU thereby rendering him immobile, on account of which, he was feeling great difficulty in breathing. At about 5 p.m. on 13.4.1998 in the ICU, the Oxygen supply to the tube was found disconnected from the respirator and the patient was very restless which was noticed by Shri K.C. Nagpal, uncle of the patient but no doctor or nursing staff was present around the patient. Shri Nagpal could trace one Resident Doctor and begged him for help who restored the connection and gave some injunction. The patient, Sanjeev Arora was declared dead on 13.4.1998 at 7.20 p.m. due to the negligence and inaction on the part of the staff and doctors of the OP hospital.
(2.) OP hospital demanded that Rs. 50,000 be paid before the dead body of Sanjeev Arora could be handed over. The complainant had to arrange the said amount from his friends and relatives at night but the total bill to be paid was only to the tune of Rs. 25,732 and a refund of Rs. 24,268 was made on 20.4.1998. It is also alleged that despite requests, OP No. 1 hospital did not furnish medical records and later on only the bills of medicines were furnished. According to the complainant, his son, aged 24 years, was totally fit. His carry home emoluments were Rs. 11,000 per month. He took the degree of B.E. (Computer) and was doing MBA. Taking into consideration the salary of a person who have passed MBA and Computer Course, etc. which is around Rs. 20,000 to Rs. 25,000 per month and the age at 60 years, the deceased would have earned at least Rs. 2,40,000 per year and Rs. 65,00,000 in his life-time. Accordingly compensation of Rs. 65,00,000 is claimed besides compensation of Rs. 20,00,000 towards mental agony, trauma and torture as well as interest and cost.
(3.) In reply filed on behalf of the OPs it is submitted that the complainant s son died as a result of complications of chronic liver disease from which he had been suffering since 1994; he had numerous bouts of jaundice since then; in 1996, he was also found to be suffering from Tuberculosis and that he had a very grave prognosis at the time of admission. The patient was brought to the hospital on 9.4.1998 at about 9 p.m. He was examined in casualty where his past history was recorded which included jaundice, enlargement of lymph nodes, enlargement of spleen and treatment of Tuberculosis. The patient was admitted and was subjected to another examination in the ward at about 10 p.m. The patient was diagnosed suffering from pneumonia involving both sides of lungs, which was confirmed, by blood test and chest X-ray. The treatment was started with intravenous penicillin and Gentamycin within an hour of admission along with other supportive drugs. The patient was again seen by the specialist at 6.30 a.m. on 10.4.1998 when additional medicines and tests were prescribed. After some time, he was again seen by the specialist and a detailed examination was done again. The diagnosis of pneumonia was confirmed and the treatment was continued. The same day the patient was shifted to ICU.