SHRAWAN KUMAR Vs. SIR GANGA RAM HOSPITAL

JUDGEMENT

(1.) This appeal arises out of the judgement and order rendered by the State Consumer Disputes Redressal Commission, Delhi (in short 'the State Commission'), in complaint bearing No. C-199/1993, whereby the complaint filed by the present appellant came to be dismissed.

(2.) It is undisputed that wife of the appellant, namely, Archana Vigmal was required to undergo surgical intervention for replacement of one valve of the heart prior to about 3 years of her death in Apollo Hospital, Madras. She was advised to avoid pregnancy. Since November, 1991, she was being treated by original OP No. 2 Dr. M. P. Gupta (since deceased). He had advised injection of Heparin 10,000 S/C daily along with half tab. of Anoxin per day. There is no dispute about the fact that she was advised P. T. T. test (Prothrombine Time Test) at regular intervals in order to adjust the dose of Heparin. In plain terms, the anticoagulant drug was being administered to her in order to ensure regular flow of the blood to regulate functioning of the heart.

(3.) Briefly stated, the complainant's case is that original OP No. 2 Dr. Gupta was well aware of the precarious conditions of the patient (Mrs. Archana Vigmal). He ought to have monitored appropriate dose of injectable Heparin after conducting the P. T. T Tests after regular intervals. Still, however, Dr. Gupta failed to duly monitor the dose of Heparin injection in accordance with P. T. T. tests nor such test was carried out. The absence of prescribing the Heparin dose without verification of the result of P. T. T. Test was the carelessness and negligence on the part of Dr. Gupta (Original OP No. 2).