SURJIT KAUR Vs. DEEPAK KAURA

JUDGEMENT

(1.) This complaint relates to the medical negligence allegedly committed by the O. P.- Dr. Deepak Kaura resulting in untimely death of Shri Ravinder Singh aged about 30 years, son of the complainants Smt. Surjit Kaur and Shri Gurchet Singh Garcha on 28.6.2000. The complainants have claimed a compensation of a sum of Rs.20 lacs against the O. P.

(2.) It has been alleged that Shri Ravinder Singh aforesaid was quite hale and hearty and had stout body having a height of more than 6 feet and was engaged in his own business at the time when he fell victim to the medical negligence and died at M/s. Anne Heart and Medical Centre. The deceased Shri Ravinder Singh was supporting his parents i. e. the complainants who have now been rendered helpless. On 28.6.2000, the deceased Shri Ravinder Singh took his breakfast with his parents and left for routine job and work. He did not disclose any sought of complaint to his parents prior of leaving the house. He was going to Sector 28, Chandigarh when his vehicle developed some snag. Shri Ravinder Singh stopped his vehicle for a while and got it checked and repaired and proceeded to Sector 28, Chandigarh. He, however, felt some sort of minor disturbance in his mind and also had some difficulty in breathing and as such he immediately went to the one, Dr. B. R. Verma in Sector 19, Chandigarh who attended him and then referred him to the clinic of the O. P. with his prescription report. The deceased Shri Ravinder Singh was taken to the clinic of the O. P.- Dr. Deepak Kaura at M/s. Anne Heart Centre in Sector 15, Chandigarh with the aid of the mechanic and other persons. The medical treatment was provided by Dr. Deepak Kaura immediately and Shri Ravinder Singh was admitted there. It is alleged that Shri Ravinder Singh was kept under observation and control and supervision by the O. P. , on the basis of the prescription slip of Dr. B. R. Verma. The father of Shri Ravinder Singh (complainant No.2 Shri Gurchet Singh Garcha) received a telephonic call from O. P. No.1 which conveyed to him that his son Shri Ravinder Singh was admitted in the hospital in a serious condition and he was asked to reach there immediately. After receiving this message, the parents of Shri Ravinder Singh accompanied by one tenant visited the clinic of the O. P. who, however, was reluctant to permit the complainants to see their son Shri Ravinder Singh. The O. P.- Dr. Deepak Kaura informed the complainants that their son was in a very serious condition and was not in a position to breath properly. Ultimately, the complainants along with their tenant entered the room where the deceased was lying and they found that the deceased was throwing frothy food from his mouth and his tongue was also outside of his mouth. It is alleged that despite the request made by the complainants, the O. P.- Dr. Deepak Kaura did not permit Shri Ravinder Singh to be shifted from his clinic. The complainants were asked to bring medicines from time to time and about at 6.00 p. m. , the complainants were informed by the doctor and the nurse that their son Shri Ravinder Singh had expired though he had been under treatment for more than four hours. It was alleged that the O. P.- Dr. Deepak Kaura was interested only in increasing his bill. The O. P.- Dr. Deepak Kaura also tried to prevail upon the complainants not to go for post mortem report. The complainants had to pay a bill of more than Rs.90,000/- to the O. P.- Dr. Deepak Kaura for the treatment of their son.

(3.) Shri Gurchet Singh Garcha, complainant No.2/father of the deceased lodged FIR with the police and a copy of the same was also placed on record as Annexure P-1. The death summary obtained from the O. P.- Dr. Deepak Kaura was also annexed as Annexure P-2 dated 28.6.2000. The progress report with respect to the deceased indicated various changes and the same was also placed on record as Annexure P-3. The prescription slip issued by Dr. B. R. Verma who first attended the deceased Shri Ravinder Singh in the hospital at Sector 19, Chandigarh was enclosed as Annexure P-4. It was alleged in the complaint that the post mortem report of the deceased showed that the cause of death can be ascertained after the receipt of report of Chemical Examiner and Pathological Expert. In the report of Chemical Examiner and Pathological Expert, no poison was detected. The case was considered to be one of cardiac arrest.