MASTER PURUSHOTTAM Vs. APOLLO CHILDRENS HEART HOSPITAL

JUDGEMENT

(1.) Master Purushottam and Sh. Nagabhushanam, Complainant Nos. 1 and 2, are the son and the father, respectively. Complainant No. 1, who was born on 3.1.2005, was admitted in Apollo Children's Heart Hospital, OP No. 1, on 15.9.2005, for treatment of intermittent fever, with cold and cough, for 15 days. Dr. K.S. Murthy, respondent No. 2, Cardiac Surgeon, examined complainant No. 1 for conducting CT and MR Scan, Ultrasound, etc. The Doctor opined that complainant No. 1 was having a large intra-thoracic tumour on the left side neuroblastoma and suggested an operation for the excision of the said thoracic tumour. On 15.9.2005, formal consent from complainant No. 2 was obtained. Dr. K.S. Murthy conducted surgery and removed the tumour but the complainant No. 1 was having weakness in the left upper limb. He was also not able to move his loft hand. The Plastic Surgeon advised physiotherapy. On 25.10.2005, complainant No. 1 was discharged with advice to take physiotherapy and to come for review after one month. Complainant No. 1 consulted Dr. Bhartendu Swain, Plastic Surgeon and Dr. G. Rajashekhar, Neurologist, who, after conducting mortar and sensory conduction study test, gave report on 17.11.2005 showing, "study shows absent responses from left in median". Reports of the conduction study test suggested severe bronchial plexus injury predominantly involving distal cord and nerves.

(2.) On 2.1.2006, complainant No. 1 was admitted in Apollo Children's Heart Hospital for treatment of left bronchial flexes injury under general anesthesia. He was discharged on 11.1.2006 as there was no movement of the left upper limb. The complainant No. 1 was again admitted for first cycle of chemotherapy and was discharged on 16.3.2006, likewise, for 13th cycle, he was admitted on 28.11.2006 and was discharged on 5.12.2006. There was no evidence of cancer and as such chemotherapy was stopped.

(3.) On 19.2.2007, complainant No. 1 consulted Dr. S.V.S. Prasad, Oncologist, on various dates, i.e. 19.2.2007, 16.4.2007, 16.6.2007 and 8.10.2007, but he was unable to use the left wrist joint or fingers. The case of the complainants against the respondents was that due to improper surgery performed by respondent No. 2 on 15.9.2005, for the excision of thoracic tumour, resulted in immediate drop of left hand. It was contended that the principle of 'Res Ipsa Loquitour' squarely Covers the present case.