KARAMVEER SINGH Vs. GARG NURSING HOME

JUDGEMENT

(1.) KARAMVEER Singh and Ors. (hereinafter referred to as the 'Appellants ') who were the original complainants before the State Commission have filed the F.A. No.675/2006 being aggrieved by the amount of compensation awarded by the State Consumer Disputes Redressal Commission, Madhya Pradesh (hereinafter referred to as the 'State Commission ') in Complaint No.88/2000 and have sought enhancement of the same. M/s Garg Nursing Home & two others (hereinafter referred to as the 'Respondents ') have also filed a F.A. No.75/2007 against the same order wherein the State commission had found Respondent/Nursing Home and other Respondents/doctors guilty of medical negligence and deficiency in service. Since the two appeals arose from the same order of the State Commission, it is decided to dispose of these appeals by a common order by taking the facts from F.A.No.675/2007.

(2.) THE facts of the case are that the Appellant - Master Karamveer Singh (hereinafter referred to as the 'patient '), aged 8 months at the time of his surgery had a cleft palate since birth and because of this abnormality he had persistent complaints including of pneumonia. Appellants No.2 and 3, his parents, had consulted a number of doctors and were told that the problem could be rectified through surgery when the child attains the age of 2 years. However, since the problem of pneumonia persisted, they consulted a number of other doctors including Dr.T.C. Agarwal (Respondent No.4), plastic surgeon, who advised an operation for the cleft palate once the child was all right and his lungs were clear. The child was accordingly admitted in the Respondent/Nursing Home on 16.04.1998 and the operation was scheduled for the next morning. According to the parents of the patient, he was taken to the Operation Theatre without any pre -operative tests including the essential pre -anesthesia test. 20 minutes after the start of the surgery, some staff came out of the Operation Theatre in search of an Oxygen cylinder. Half an hour later, Respondent No.4 also came out and informed the parents that since the child has some respiratory problems, the surgery could not be done. According to the Appellants/parents the patient was brought out at 11 a.m. and was in a coma. No satisfactory explanation was given regarding his condition. Since the patient continued to be in a coma and in a persistent vegetative state, he was discharged on 25.09.1998 and the parents were advised to take the patient to Delhi for further treatment. The patient was examined by a number of doctors at Delhi wherein the parents were informed that the present condition had occurred as child had suffered Hypoxia while in surgery following an overdose of anesthesia. Being aggrieved, Appellants filed a complaint before the State Commission on grounds of medical negligence and deficiency in service against the Respondent/Nursing Home as well as the Respondents/doctors and specifically alleged that the operation was done incorrectly before the recommended age of 2 years for such operations, no Oxygen cylinder was kept in the Operation Theatre for emergency, no expert treatment was provided, no pre -operative or pre -anesthetic tests were conducted and excessive anesthesia was administered resulting in the vegetative condition. Appellants therefore, sought compensation of Rs.19,75,000/ - towards the medical expenditure incurred as well as recurring expenditure for maintaining the child, disability of their only child, litigation costs as also cost for mental agony and harassment.

(3.) THE State Commission after hearing both parties and on the basis of evidence filed before concluded that the Respondents were negligent on three counts: Firstly, for not conducting the necessary pre -operative and pre -anesthetic tests; Secondly, for performing the operation when there was no emergency since it is a known fact that anesthesia given to patients with recent respiratory tract infections can result in adverse reactions; and Thirdly in not taking due care in administering anesthesia and giving the drug Thiopentone which is particularly risky for patients with respiratory problems from which admittedly the child suffered. State Commission therefore directed the Respondents to jointly and severally pay the Appellants a sum Rs.3 lakhs within a period of one month from the date of the order failing which it shall carry interest @ 9% from the date of order till payment. Rs.5,000/ - was imposed as costs.