LAWS(NCD)-2011-11-27

GOWRI GOPAL HOSPITAL Vs. P SUDHAKAR

Decided On November 30, 2011
GOWRI GOPAL HOSPITAL AND ORS Appellant
V/S
P SUDHAKAR AND ORS Respondents

JUDGEMENT

(1.) The impugned order was passed by the AP State Consumer Disputes Redressal Commission in a matter, which was remanded to it by the National Consumer Disputes Redressal Commission, in CD No. 14 of 1998. It is a case of alleged medical negligence in the treatment of a 14 years old boy. On 20.9.1997, deceased Ujwal was operated upon for appendicitis. The operation was successful and his general condition was good through the day. At about 10 PM, after an injection, his condition suddenly worsened. The boy had to be put on the ventilator, slipped into hypoxia and eventually died on 25.9.1997.

(2.) It was alleged by the complainant (father of the hapless boy) that the sudden down turn in his condition was caused by an injection of PANANCURONIUM BROMIDE which was mistakenly administered by the Staff Nurse at about 9.30 PM. The complainant based his allegation on a letter by Dr H Radhakrishnan on 22.9.1997 (i. e. 3 days before the boy died) to Dr Krishna Reddy. Admittedly, Dr Radha Krishnan was a part of the medical team treating the boy. This letter was written to obtain a second opinion for the benefit of the complainant as well as the treating surgeons.

(3.) Per contra, OPs 1,2,4 and 5 have accused the complainant for faking the purchase bill to generate evidence to show that Fancuran (Panancuronium) injection was procured. As for the letter of Dr Radhakrishna, they say that it was based not on personal knowledge but on the information given to him by the husband of Dr Geethalakshmi. They also refer to the case sheet of the patient, according to which at 10 PM Divon injection was given. It had also been given before at 10AM when there was no reaction. OP-3, the Staff Nurse denied giving Fancuran injection to the deceased.