BETHALA EARNEST JOHN MARTIN Vs. N AMMANNA MD

JUDGEMENT

(1.) Appellant B.E. John Martin was provided assistance of Amicus Curiae at the commencement of the proceedings in this appeal. Subsequently, on 17.7.2007 another Amicus Curiae was appointed, but later, when the matter was finally heard on 27.7.2011, the complainant chose to present his case on his own. His appeal is against the order of A.P. State Consumer Disputes Redressal Commission in CD No. 69 of 2002. The two complainants before the State Commission are the parents of one Dr. B.S. Dayanidhi, who was treated, for some time, by the OPs between 10.9.1998 and 23.8.2000, the day he died. According to the complainant, OP-1, who was a consultant nephrologist, performed a dialysis on the deceased and discharged him on 17.10.1998 advising that he needed frequent CADP (Continuous Ambulatory Peritoneal Dialysis) and would not be required to go for kidney transplant. Thereafter, the patient underwent monthly dialysis and his condition improved.

(2.) Nearly two years later, he was again hospitalised on 16.8.2000 and was under the treatment of OP-1 /Dr. Ammanna. Chest x-ray, according to the appellant, showed that his son was suffering from asthma. The complainant alleges that OP-1 and OP-3 both confirmed that the patient had no serious respiratory problems. However, he was kept under oxygen but with no paramedical staff for exclusive monitoring of his condition. On 17.8.2000, his condition suddenly became very bad and his heart stopped beating. Allegedly, it was due to failure of the oxygen cylinder and negligence of the staff. He was revived and shifted to OP-4 hospital. Eventually, he died in OP-4 hospital of acute respiratory failure on 23.8.2000. The complainant alleged that the deterioration in the condition of his son and his death was due to the negligence of OP-1 and OP-2 in diagnosis as well as treatment.

(3.) Countering the allegations of the complainants, OPs 1 and 2 had a very different story to tell. The patient was brought to them on 10.9.1998 by his wife, in critical condition. A few months before that, he was under treatment in Guntur and in Vijaywada. He however, chose to be treated by OP-1 and remained under his treatment for 37 days, till his condition stabilized. According to OP-1, the deceased was a heavy smoker and addicted to drugs. When his wife brought him again on 16.8.2000, he was found to be suffering from chronic renal failure (CRF), end stage renal disease (ESRD), enlargement of heart and deterioration in the nervous system. According to the OPs, the patient had undergone a renal biopsy in 1994 at Apollo Hospital, Chennai, which showed that he was suffering from AMYLOIDOSIS, which is a very rare disease. He was on CADP and received blood transfusion every two months. All clinical parameters of the patient were below normal. After observing his condition for a day, OPs advised to shift him to a hospital where he could be given support of a mechanical ventilator.