HARINDER KAUR Vs. SHERGILL MULTISPECIALITY HOSPITAL

JUDGEMENT

(1.) On 15.08.2006 Jarnail Singh (hereinafter referred to as the 'patient') suffered severe pain in upper abdomen and back with sweating and weakness. The local practitioner in the village gave pain killer injections, but no relief. In the afternoon on the same day he got admitted in Shergill Multi Speciality Hospital (for short 'Shergill Hospital', OP-1). Dr. Shergill (OP- 2) examined the patient and started treatment but pain did not subside. On 18.08.2006 Dr. Shergill performed laparoscopic cholecystectomy (removal of gall bladder) under spinal anaesthesia. It was alleged that the OP-2 was negligent at every step of treatment i.e. making diagnosis, during operation and the post-operative care. He did not follow standards of practice and did not possess reasonable degree of skill. The patient was discharged prematurely from the OP-1 hospital. It was alleged that the patient was actually suffering from acute pancreatitis, but OP-2 wrongly diagnosed it as acute cholecystitis with cholelithisis (gall stone). To pin point the diagnosis, OP-2 did not do any confirmatory tests, radiological study and scanning from the experts. Most of the laboratory investigations were done from his own hospital laboratory. Though, Dr. Shergill was not a qualified radiologist, he performed the Ultrasonography (USG) of the patient on 16.08.2006 and opined about presence of stones in the gall bladder, but he failed to diagnose acute pancreatitis. The surgery could be avoided and only medical treatment would have helped the patient. During the hospital stay Serum Amylase test of the patient was not done. The reports were not shown to the patient or to the attendants. The histopathology report showed no evidence of gall stones, therefore it was not a case of acute cholecystitis. Thus, Dr. Shergill failed to diagnose acute pancreatitis and made false USG report. The OP-2 conducted the surgery hastily without considering that the patient's diabetic status, the patient's blood sugar level was 360.4mg% on 18.08.2006. After the surgery, the drain tube was kept in the abdomen for six days and blood stained fluid was coming from the tube which was an indication of acute pancreatitis. It was alleged that the laparoscopic cholecystectomy was done under spinal anaesthesia, but it was mentioned in record as done under general anaesthesia. The patient was discharged on 22.08.2006 though pain remained continued. Patient lost his appetite; he was unable to take solid food but was only taking liquid and semi-liquid diet. On 25.08.2006, the patient approached the OP-1 hospital for removal of stitches. On 27.08.2006 for symptoms of the pain in abdomen the OP-2 referred the patient for abdominal CT scan at Nijjar Centre and it was reported as 'acute pancreatitis with early septic changes'. The complainant further alleged that due to inadequate medical/paramedical or nursing staff, in the Shergill Hospital, the patient was taken to Fortis Hospital, Amritsar on 27.08.2006 and admitted under the treatment of Dr. Amitabh Jairat (OP- 4) till 06.09.2006. Another USG study and 2nd CT Scan was performed at Nijjar Centre on 02.09.2006 and 05.09.2006 respectively which confirmed it as 'pancreatic abscess'. On 06.09.2006 for the treatment of pancreatic abscess the patient was discharged and referred to Satguru Pratap Singh Apollo Hospital, Ludhiana (in short Apollo Hospital). There he was operated by Dr. Arindam Ghosh (O.P. No. 5) for removal of pancreatic abscess on 07.09.2006. Further, the patient underwent an emergency exploratory laparotomy on 13.09.2006, but the patient could not recover, he died on14.09.2004 in Apollo Hospital.

(2.) The complainant further alleged that the patient was insured with Medsafe Healthcare Ltd. and covered under Sanjivani Scheme for members of Cooperative Society but Dr. Shergill wrote to the insurance co. that the patient was alcoholic; therefore, the cashless facility from the insurance co. was rejected.

(3.) Being aggrieved by the misdiagnosis and the wrong treatment given by OP-2 causing death of the patient, a complaint was filed by Harinder Kaur, wife of patient seeking compensation of Rs. 99,91,737/- before the State Commission.