ASHOK KUMAR UPADHYAYA Vs. D N MISRA

JUDGEMENT

(1.) THIS is the case of a young boy, less than sixteen years in age, who died within nine days of his ailment. The deceased Rahul was treated by two doctors, by the first in the first four days and by the other in the next five days, till his death i.e. Dr K.K.Khare from 12th to 16th and Dr D.N.Misra from 16th to 21st December 1996. His parents have filed this complaint against the following:-

(2.) THE case of the complainants is that on 12.12.1996 their son, late Rahul fell ill and was taken to Dr. K.K.Khare, a consulting Physician. It was diagnosed to be a case of RTI by Dr. Khare, who also got Rahul tested for Malaria. THE blood test showed presence of Malaria parasite called Plasmodium Vivax. THE treatment under Dr. Khare continued till 16.12.1996, but the condition of Rahul did not improve. He continued to suffer from high fever. He was, therefore, taken to Dr. D.N.Misra for treatment in the evening of 16.12.1996. Dr.Misra started the treatment after clinically examining him and after taking into account the treatment already given by Dr. Khare. It is emphasized by the Complainants that no fresh tests, including fresh blood test, were conducted, inspite of the fact that Rahul, had not responded to the treatment of Dr. Khare.

(3.) AFTER seeing the patient, OP-1 admitted him as an inpatient in his private ward on payment of advance of Rs.3,000/- towards consultation, nursing home charges and medicines. The condition of Rahul deteriorated at about 11.00 p.m. at night. But, despite repeated requests from the Complainant, neither OP-1 nor any other doctor of the nursing home, was available to see the patient. An hour later, OP-1 instructed the compounder on the intercom to administer certain other drugs to Rahul. He was later put on the oxygen.