ANJU SHARMA Vs. D SINHA

JUDGEMENT

(1.) The original complainants, Smt. Anju Sharma and her daughter Miss Suman have filed this appeal against the order dated 19.7.2002 of the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (in short, 'the State Commission') in complaint case No. 07/2002. The complainants had approached the State Commission with allegations of medical negligence on the part of Dr. D. Sinha, Dr. R.K. Mishra, Mr. Ashok Jhingon, Director-in-Charge, Gangotri Homes (Private) Limited Medical Centre, Jamshedpur and the last-named Medical Centre in treating the late Dhananjay Sharma (husband of complainant No. 1) who, while suffering from malignant tertian (MT) malaria (also known as Plasmodium Falciparum or P. Falciparum or Falciparum Malaria), was treated at the said Medical Centre during 1-2 August 2001 and died in the late evening of 2.8.2001. The complainants claimed compensation of Rs.12.90 lakh against the above mentioned opposite parties (OPs) for their alleged medical negligence. However, after considering the pleadings, evidence and other documents/material brought on record, the State Commission dismissed the complaint by the impugned order; hence this appeal.

(2.) The essential facts of the case are that the late Dhananjay Sharma was brought to the above-mentioned Medical Centre and admitted thereto at about 3 p.m. on 1.8.2001 with complaints of fever and vomiting. He also produced a pathological blood report dated 31.7.2001 of Nilesh Diagnostic and Research Centre showing that he was suffering from MT Malaria. After admission, he was examined by Dr. D. Sinha (OP1), who immediately prescribed injections of Reg Q (Cinchona) 600 mg IM (TDS) and Cefexone 2 g IV (Stat), in addition to several other medicines and also put him on intravenous (IV) feed of 10% dextrose. Simultaneously, he ordered further blood tests. On the next morning (8 a.m., 2.8.2001), the dosage of Cefexone was reduced to 1 mg IV while that of Reg Q was maintained, with some variations in the accompanying medications. Results of the blood tests were also noted in the medical record at that time. The patient was described as afebrile with blood pressure (BP) of 130/82 and the general condition was described as "OK except complaints of vomiting". However, by 4 p.m. on the same day (2.8.2001), the patient's condition deteriorated with persistent vomiting and temperature rising to 102 F. It also appears that sometime at this stage, Dr. R.K. Mishra (OP 2) examined the patient and suggested further blood tests as well as continuation of injection Reg Q 600 mg (TDS). Some more blood tests, in addition to serum bilirubin, serum electrolytes, etc., were also advised and the prescribed medicines were altered. Still, it appears that the patient's condition deteriorated rapidly. It also appears that sometime during this period, the attendants of the patient were asked to obtain blood for transfusion. Though no records are available, it appears that in the evening of 2.8.2001, the patient was referred to the Tata Main Hospital (TMH), Jamshedpur in view of the complications that he had developed. According to the impugned order, the patient was brought dead to the said Hospital though, once again, neither party has produced any records to that effect before us.

(3.) The specific allegations in the complaint were, inter alia, that the said Medical Centre was not equipped with facilities like Intensive Care Unit (ICU), ventilators, etc., in the absence of which the Centre was not in a position to treat patients of MT Malaria because instances of complications like coma, renal failure, respiratory distress, etc., developing in such patients were common and management of such complications would require the above mentioned facilities. The brother of the deceased, who took the latter to the OP Medical Centre, was unaware of the facilities available at the said Centre. However, since the OPs were fully aware of the absence of such facilities, they should have immediately referred the patient to a hospital equipped with such facilities instead of admitting him and starting his treatment. Secondly, during the treatment of the deceased patient, his electro cardiogram (ECG) was not taken at any stage, though an ECG was necessary to assess the cardiac condition of the patient before administering the drugs for MT Malaria. Thirdly, the doses of injections and medicines administered to the patient were in excess of the prescribed standards as a result of which the patient developed complications in the evening of 2.8.2001. Finally, it was only with a view to shifting responsibility at the last stage that the OPs decided to refer the patient to the TMH when such referral was of no avail.