B SHYAM SUNDER RAJ Vs. M PANDARINATH

JUDGEMENT

(1.) Revision Petition No. 3651/2007 has been filed by Dr. B. Shyam Sunder Raj (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Andhra Pradesh (hereinafter referred to as the 'State Commission') in favour of M. Pandarinath & Ors. who were the original complainants before the District Forum. In his complaint before the District Forum, M. Pandarinath Respondent had contended that his daughter, Ms. Kavitha, aged about 20 years was taken by him for treatment with a complaint of chest pain to one Dr. Sudheer Goje on 7.4.2000. Since, the patient was not responding to the treatment, Dr. Goje referred her to the Petitioner/doctor at Med win Hospital where she was treated as an out-patient from 17.4.2000. After conducting several tests including bronchoscopy test, CT Scan, SFB Stain Test etc., his daughter was prescribed medicines but since there was no relief, she again approached the Petitioner with complaints of vomiting and pain in the abdomen. The problem was diagnosed as Drug Induced Hepatitis and the patient was advised to stop the earlier medicines prescribed including ATT and instead given some other medicines. However, since even thereafter the problems continued, the patient was admitted to M/s. Remedy Hospital Diagnostics where she expired. The Respondent's contention was that no proper diagnosis or treatment was extended by the Petitioners at any stage and his daughter expired because of irresponsible and experimental medication without properly diagnosing her actual ailments. This amounted to medical negligence and deficiency in service resulting in her premature death. Respondent, therefore, issued a legal notice to the Petitioners and since there was no response, he filed a complaint before the District Forum on grounds of deficiency in service and medical negligence and requested that he be compensated for the severe tension, mental agony and heavy financial loss caused to him on the medical treatment and subsequent tragic death of his daughter, for Rs. 4,85,000 with interest rate as may be decided by the District Forum.

(2.) Petitioner denied the above contentions and stated that the patient was referred to him by Dr. Sudheer Goje with complaints of cough, weakness, nausea and after conducting extensive investigations since her ESR level was found to be very high and there was patchy opacity in lungs, the patient was diagnosed with Koch's disease (Tuberculosis). She was, therefore, prescribed the standard 4 drugs therapy and ATT for two weeks/one month and was asked to come for a review in case of any problems or adverse reactions to the medication. However, the patient did not come for a follow-up visit to report any problem and instead after one month her brother sought advice from the Petitioner/doctor over the telephone on the grounds that his sister was having vomiting and acute pain. Petitioner did not prescribe any medicines on telephone and instead directed that it was necessary for the patient to be examined by him before conducting any further treatment. The patient, therefore, again came on 22.5.2000 when she was diagnosed with having ATT induced Hepatitis which is known to occur in 5% to 10% patients who are taking medicines for the treatment of Koch's disease. The patient was immediately asked to stop the ATT and advised to get admitted into the Petitioner's hospital for immediate treatment. However, the patient's brother declined this on grounds of financial constraints and left the hospital without intimating the Petitioner and took her to M/s. Remedy Hospitals Diagnostics, Hyderabad where she passed away. According to the Petitioner, there was no case of medical negligence or deficiency in service on his part. The patient was rightly diagnosed with Koch's disease and given the standard treatment and was also asked to come for follow up visits in case of further complaints/adverse reaction which she failed to do. Even thereafter, when she came and was diagnosed with Drug Induced Hepatitis, she refused to get admitted to the hospital for further treatment and got shifted to another hospital without the Petitioner's knowledge, where she subsequently passed away. Under the circumstances, the Petitioner could not be held responsible for the untimely, tragic and unfortunate death of the Respondent's daughter.

(3.) The District Forum after hearing both parties partly allowed the complaint and held the Petitioner guilty of medical negligence on the grounds that the patient was prescribed ATT without conducting the necessary Liver Function Test and even thereafter when the patient's relatives contacted him on telephone, he did not take due care to advise the patient to stop the medicines immediately because of which damage was caused to her Liver leading to her subsequent untimely death. The District Forum directed Petitioner Nos. 1 and 2 to jointly and severally pay the Respondent, Rs. 3 lakh towards compensation, Rs. 50,000 for medical expenses and Rs. 5,000 as litigation costs within a period of two months from the date of the order. Aggrieved by this order, Petitioner No. 1 filed an appeal before the State Commission which dismissed the same by observing as follows: