PRAFULLA KUMAR DAS Vs. APOLLO HOSPITALS

JUDGEMENT

(1.) This complaint is by Prafulla Kumar Das father of the child. First respondent is the hospital where surgery of his child was performed. Respondent Nos. 2-5 are the Doctors who attended on the child.

(2.) Das is aggrieved, his only child, a seven years old son, died. He puts the blame on the respondents who are five, in numbers. His complaint is that the death of his child was on account of medical negligence on the part of the respondents. No doubt, grief of the parents for the loss of their only child cannot be expressed in words. But then moot question is : If the death of the child is on account of any negligence on the part of any of the respondents.

(3.) The child, Niladari Bhusan, it appears, was having problem in his heart from his very birth. It is stated by Das that when the child was one year old, he suffered from cold and when he consulted the local doctor, he was told that the child had some unusual heart beat sound and that he was suffering from V.S.D. (Vascular Septic Defects). Doctors at S.C.B. Medical College and Hospital, Cuttack (Orissa) were of the opinion that the child did not require any surgery and that as he grew, he would be fully cured of its own. When the child was of seven years of age and was school going, Das learnt that one Dr. K.P. Mishra, respondent No. 3 who was a renowned Oriya doctor and came from Orissa, the State to which Das belonged, was working as a Cardiologist in the Apollo Hospital, Madras. Complainant had also learnt that the son of his colleague had also undergone open heart surgery at Apollo Hospital, Madras which was successful. Das, therefore, sent all the papers of the child to Dr. Mishra at Madras. That was in July, 1991. Das said that he wanted to consult Dr. Mishra to clear his doubts about the suspicions of the local doctor about the illness of his child, Dr. Mishra being of Orissa could be easily contacted and that there would be no communication gap and that Das would get a correct and proper opinion. Dr. Mishra sent a letter to Das on 7.9.1991 to contact him at Apollo Hospital, Madras with the child for a detailed check-up. Dr. Mishra also wrote that from the reports sent by Das, the complainant, it did not appear to him that the child required any surgery. But then he added that he would like to see the child before he could make any further comments. Das then took the child to Madras on 28.12.1991 when Dr. Misra after examining him advised open heart surgery immediately as according to him the child was suffering from Supra Valvular Aorta Stenosis. Das came back and after making necessary arrangements for the money for fee of the doctor and other expenses, came to Madras on 7.4.1992 accompanied by his wife and the child. Child was admitted in the Apollo Hospital, Madras, the following day. Angiogram (a radiographic image of a blood vessel after injection of contrast medium) was done on 10.4.1992 by Dr. K.N. Reddy, respondent No. 4. According to the respondents, child was found to have a very complex and extremely rare congenital cardiac anomaly. There were in fact two anomalies. First was a severe supra valvular aortic stenosis i.e. a severe narrowing to the outlet of blood from the left side of the heart at the beginning of the Aorta, (the main arterial channel of the body). This obstruction was so severe that the left ventricular pressure was 220 mm. hg., which is more than double the normal pressure. This, according to the respondents, is not compatible with normal life and the child could not have survived for long with this defect. In addition, the arch of the Aorta was found to be diffusely hypoplastic i.e., underdeveloped. It is stated that Dr. M.R. Girinath, the second respondent explained to Das that the supra valvular defect which was the more severe defect could be repaired by surgery and that the diffuse hypoplasia (incomplete or underdeveloped organ or tissue, usually the result of decrease in number of cells) of the arch which was less amenable to surgical repair would be left alone.