DINESH KAUSHAL Vs. K K KHURANA

JUDGEMENT

(1.) This complaint has been filed by Shri Dinesh Kaushal, Arwind Kaushal, Sunita Rani and Smt. Ranjana Rani, all residents of Ward No.13, Kurali, District Ropar, legal heirs of the deceased Sh. Kamal Nabh, who died on 10.1.2000 due to the alleged medical negligence on the part of the opposite party, Dr. K. K. Khurana, Chandigarh Medical Centre (CMC), Sector 17, Chandigarh, resident of Kothi No.114, Sector 36-A, Chandigarh. The complainants along with their father were residing at Kurali, District Ropar in September, 1999. On 5.10.1999, the father of the com-plainants, Sh. Kamal Nabh was suffering from high fever. The complainants took him to the clinic of the opposite party - Dr. K. K. Khurana for medical treatment. Dr. K. K. Khurana examined the patient and asked for certain laboratory tests and investigations such as blood tests, x-ray, etc. Dr. Khurana, after examining all the test reports (Annexures C-1 to C-5) found that the patient was suffering from diabetes and tuberculosis and prescribed medicines as well as the diet. On 27.10.1999, the patient was taken to the opposite party, Dr. K. K. Khurana as his condition had not improved. Dr. K. K. Khurana advised the deceased to undergo some more tests and after examining these tests dated 27.10.1999 (Annexures C-7 and C-8) prescribed the medicines. There was no improvement in the condition of the deceased, so the complainants took the deceased again on 8.12.1999 to the opposite party, Dr. K. K. Khurana for further checkup as the deceased had periodic attacks of chest pain accompanied by swear sweating and shivering. They suspected that their father was suffering from some heart problem, but the opposite party diagnosed that the deceased was only suffering from diabetes and there was no heart problem and the shivering and chest pain was due to high blood sugar. Dr. K. K. Khurana advised the deceased to undergo more tests and after examining the reports dated 8.12.1999 (Annexures C-8 to C-12) prescribed medicines. Annexure C-12 indicates "no Appreciable Improvement". The condition of the deceased as per the averments made by the complainants further deteriorated and they took the patient to the opposite party, Dr. K. K. Khurana on 6.1.2001 when he was suffering from acute chest pain. Dr. Khurana directed the deceased to undergo few more medical tests (Annexures C-13 to C-17) and confirmed that the patient was suffering only from the diabetes and not from any heart problem, Annexure C-14 shows "mild Improvement".

(2.) It has been alleged that despite the treatment prescribed by the opposite party and number of visits made by the father of the complainants to the clinic of the opposite party, the condition of the father of the complainants did not show any improvement and he continued to suffer from severe pain. Again on 10.1.2000 when the father of the complainants had acute chest pain and became breathless, he visited the clinic of the opposite party, who prescribed certain medicines and advised the father of the complainants that he is not suffering from any serious ailment. When the father of the complainants reached his native place at Kurali at 7 p. m. , his condition had deteriorated so much that he had acute pain and became breathless. So immediately the complainants took their father to the local civil hospital. There Dr. Raju attended him and advised ECG test. The ECG test was got conducted at Gupta Hospital at Kurali. On reading the ECG report, Dr. Raju informed the complainants that the father of the complainants had suffered severe heart attack and he referred him to Sector 32 General Hospital, Chandigarh, copy of the ECG report dated 10.1.2000 is enclosed as Annexure C-18 (internal Wall Infarction ). Immediately, the complainants took their father to the Sector 32 General Hospital, Chandigarh but somehow on his way from Kurali to Chandigarh, the patient was suffering from acute pain and had become breathless suffering from severe heart attack and breathed his last and died, a copy of the death certificate enclosed as Annexure C-19.

(3.) The complainants have prayed that they are entitled to get Rs.9,52,800/- along with the medicine expenditure as well as fee charged by the opposite party and conveyance charges amounting to Rs.6,000/-. Besides this the complainants are also entitled to get compensation of Rs.2 lakhs on account of mental harassment and agony suffered by the complainants as well as an amount of Rs.50,000/- as litigation expenses for medical negligence and gross deficiency in service on the part of the opposite party.