VAQAR MOHAMMAD KHAN Vs. S K TANDON

JUDGEMENT

(1.) This is a complaint under Sec.17 (a) (i) of the Consumer Protection Act, 1986 (for short the 'act') filed on 8.9.2000 by the patient complainant Vaqar Mohammad Khan and his father Nisar Mohd. Khan of Teela Jamalpura, Bhopal against the opposite party Dr. S. K. Tandon, r/o Shivaji Nagar, Bhopal for the alleged medical negligence.

(2.) The case of the complainant is that the complainant No.1 Vaqar Mohammad Khan who is a student of B. Com. First year has some psychiatry problem. As per complaint Vaqar Mohammad Khan used to see dreams and utter words during sleep and had become short tempered, for the last three years. The complainant No.2 Nisar Mohammed Khan the father of Vaqar Mohammad Khan, brought the complainant No.1 to opposite party Dr. S. K. Tandon who is a retired Assistant Professor, Psychiatry and having his own clinic at 85, Tajul Masajid Road, Near Hamidia Hospital, Bhopal. Dr. Tandon diagnosed this case of psychiatry and prescribed some medicines. It is alleged by the complainant that in the month of April, 1999 Vaqar Mohammad Khan developed complaint of severe constipation, stomach disorder, suffocation, breathlessness and uneasiness. Due to these troubles, he was taken to Apex Hospital, Bhopal where he was admitted on 12.3.1999. On the advice of the Apex Hospital Routine Haematology (Blood Examination) got done at Chirayu Health and Medicare Pvt. Ltd. It is alleged by the complainant that this blood report revealed that W. B. C. Count were less in the blood. The opposite party Dr. S. K. Tandon also visited the Apex Hospital and examined the complainant No.1 and advised the doctors of hospital to continue his medicines along with other medicines of stomach disorder. So when the complainant No.1 was discharged from the Apex Hospital, he was advised by the doctors of the said hospital to continue the treatment prescribed by Dr. S. K. Tandon. On 18.4.1999, the complainant No.1 Vaqar Mohammad Khan had many vomiting in the day and in the evening he was suffering from fever, so he was brought to Hamidia Hospital where medicines for fever, Nausia and vomiting were given but the complainant No.1 could not get any relief, therefore, on 19.4.1999 the complainant No.1 was taken to the opposite party Dr. S. K. Tandon who on the basis of the new development and condition of the patient prescribed some medicines along with other earlier medicines but when there was no relief, the complainant was taken to Chirayu Hospital, where Dr. Ajay Goenka examined him and prescribed some medicines. On 20.4.1999, the complainant No.1 first appeared in the examination but because of high faver, he could not solve the question paper, therefore, the complainant No.2 his father brought the complainant No.1 to Chirayu Hospital and got admitted, where treatment started and there was improvement in vomiting but loose motions continued. Though the treatment was continued but there was no relief in frequent loose motion and high fever. Then the complainant No.2 his father decided to take his son to Choithram Hospital, Indore. So the complainant No.1 got discharged from Chirayu Hospital, Bhopal and shifted to Choithram Hospital, Indore on 24.4.1999 where he was admitted and examined by Dr. Ajay Jain, the Gaestro-Entrologist and patient was kept in Intensive Care Unit (I. C. U. ). At this time, the complainant No.1 had high fever and loose motions and breathlessness.

(3.) It is alleged in the complaint that after 5-6 days further investigation of the blood of the complainant No.1 revealed that there is shortage of blood in the body and W. B. C. counts were very less being 2700 as against 4000 to 10000 in normal human blood. The complainant has stated that this blood examination was done on 28.4.1999 in that blood value and Neutrophils were found less to the normal value. It was due to the better treatment of Choithram Hospital complainant No.1's condition improved and he was saved. It is alleged by the complainant in the complaint that complications developed due to reaction of medicines Clozapine (Sizopin) which was administered by Dr. S. K. Tandon without keeping in mind the side effects of such a dangerous drug. Thus the complainants alleged medical negligence against the opposite party, Dr. S. K. Tandon : (i) Clozapine (Sizopin) should not be initiated if W. B. C. count is less than 3500/cu. mm. It is alleged by the complainant that it was 2700 in case of complainant No.1. (ii) The opposite party Dr. S. K. Tandon did not care to get the blood examination done every week because continuous use of clozapine causes reduction in W. B. C. and this has happened in the case of the complainant. (iii) The opposite party Dr. S. K. Tandon has committed medical negligence by prescribing doses of Sizopin. In the literature dose suggested is tablet of 25 mg once or twice daily gradually to be increased by 25 mg. daily till therapeutic effects are noticed. In the present case, Dr. S. K. Tandon prescribed 4 tablets of 25 mg. daily. (iv) The opposite party has not taken care to get the blood examined and after reviewing the W. B. C. Count doses was to be prescribed. Not following the procedure the opposite party has further committed medical negligence.