(1.) This Complaint is of alleged medical negligence and deficiency in service claiming compensation from the treating doctor and the hospital.
(2.) On 8/1/2006 husband of the Complainant Mritunjai Kumar Singh, age about 49 years (hereinafter referred to as'the deceased' or'the patient') slipped and sustained a head injury. He was conscious, speech was impaired. On the next day i.e. 9/1/2006, he was taken to Neurologist-Dr. Ashok Kumar Singh in Patna who examined the patient and C.T. Scan of Head was performed. Then patient was referred to the NeurosurgeonDr. R. B. Sharma (OP-1) for neurosurgical intervention. The OP-1 examined the patient in his clinic and advised immediate hospitalisation for brain surgery. Accordingly, on 10/1/2006 the patient was admitted in M/S. Tara Hospital and Medical Research Centre Pvt. Ltd., Patna for short'Tara Hospital'). Again C.T. Scan of head was performed, it revealed deteriorated condition of brain between 9/1/2006 and 10/1/2006. It was alleged that for about 22 hours OP-1delayed the surgical intervention, which caused further brain damage. The patient after surgery was shifted to the ward as ICU facility was not available in the hospital. On 11/1/2006, for CT scan, patient was taken to another hospital about 5 Km away. The CT revealed hematoma in brain. Therefore, OP-1 performed second operation and closed the brain on by putting a flap. It was further alleged that second operation was conducted to cover-up the negligence of OPs. However, OP-1 failed to control bleeding, by the time patient became brain dead. Thereafter, OP-1 shifted the patient to Magadh Hospital for ventilatory support, but the patient expired on 14/1/2006. The Complainant alleged that it was a case of res ipsa loquitor. Being aggrieved by the death of her husband, the Complainant Nilam Singh filed the Consumer Compliant under Sec. 21(A) of the Consumer Protection Act, 1986 before this Commission and prayed compensation of Rs.3.48 Crores from the Opposite Parties under different heads. Defense:
(3.) The Opposite Parties filed separate Written Versions and denied the allegations of medical negligence. The treating doctor-the OP-1 Dr. R. B. Sharma submitted that the patient had history fall more than 24 hours and sustained head injury. The patient was brought to him at about 7 PM on 9/1/2006. The patient was a known chronic alcoholic; he could walk with support and he was in confused state. He had weakness in right facial area and in right limbs. Other vital parameters were within normal limits, BP 160/90 mm Hg and pulse 84/min. The Glasgow Coma Score (GCS) was 14/15. The CT Scan doen on 9/1/2006 showed "left sided Fronto Temporal Acute Sub Dural Haematoma (SDH) and brain contusion with mass effect without any sign of scalp or bony injury". Therefore, craniotomy was done as an accepted standard of practice. The best possible medical care was given to the patient and subsequently patient was carefully transferred to Magadh Hospital. At the time of shifting patient's wife did not accompany, therefore the OP-1 explained to patient's brother details of treatment modalities and about the prognosis in chronic alcoholic patient and unpredictable morbidity and mortality. Another surgery was suggested, but patient's brother decide to wait since patient was conscious, and also to discuss with other family members. The OP-1 gave an option to the attendants to seek any expert opinion or to take his patient to centre of their choice for treatment. But at the request of patient's brother, the patient was kept under the treatment of OP-1 at Tara Hospital. It was submitted patient did not file CT Scan report dtd. 9/1/2006 with the complaint.