OM PARKASH SIKKA Vs. IVY HOSPITAL

JUDGEMENT

(1.) The present Complaint has been filed under sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") by (1) Sh. Om Prakash Sikka and (2) Smt. Madhu Sikka against IVY Hospital, Sector-70, Mohali, Punjab and its 4 Doctors, seeking compensation of Rs.4,00,00,000.00 for act of medical negligence on the part of Opposite Parties, which resulted in the death of the Complainants son, Rajat Sikka (hereinafter referred to as the "deceased" or "patient").

(2.) Brief facts leading to the present Complaint are that on 11/10/2008, Mr. Rajat Sikka, the son of the Complainants (hereinafter referred to as the "patient"), about 26 years, got injured in a car accident. He sustained serious head injury - Traumatic Brain Injury (TBI). He was immediately taken to PGI Chandigarh by the local Police. Emergency CT scan and X-Ray were done. The doctors labeled it as GSC score 9. There was no history of seizures (convulsions) and the patient was moving all limbs and was reacting to light, the bilateral lung air entry was equal, oxygen saturation was 100% and BP was 120/80mm of Hg. Thereafter, for further treatment, the Complainants shifted their son to IVY Hospital (OP-1). There, he was treated by the OPs-2 to 5 doctors, but unfortunately, he expired on 21/10/2008.

(3.) The Complainants alleged that in PGI, one person approached the patient's mother and allured her to shift her son to the IVY Hospital under the care of Neurosurgeon, Dr. Deepak Tyagi (OP-2). The OP-2 assured the patient's mother that under his care, more personal treatment shall be given. Therefore, on 11/10/2008, she shifted her injured son to the ICU of OP-1 Hospital at 00.45 A.M. The GCS score was E1, V3, M5. The pupils were equally reacting to light, pulse 60/min and B.P. was 210/110. The respiration was spontaneous and Oxygen saturation was 99%. It was alleged that without any clinical or neurological assessment, the OP-2 ordered for "electively ventilate" and within 7-8 minutes, he left the ICU. He gave assurance to the family about good condition of the patient. It was alleged that intubation was done without consent from the patient's mother. The hospital had no regular Neuro-Surgeon. The OP-2, General Surgeon, as per his own convenience, used to visit the hospital. As per standards, if the GCS score is above 7, the patient should not be put on ventilator. It was further alleged that the ICU Services were outsourced by the hospital to a third party (OP-5).