GOVT. MEDICAL COLLEGE & HOSPITAL Vs. INDIRA SHARMA

JUDGEMENT

(1.) The Petitioner filed this Revision Petition against the impugned order dtd. 24/4/2009 of the State Consumer Disputes Redressal Commission, UT of Chandigarh (hereinafter referred to as the 'State Commission') passed in Appeal No.891 of 2008 whereby the State Commission dismissed the Appeal filed by the Petitioner with costs and affirmed the compensation awarded by the District Forum as just and fair.

(2.) The brief facts are that on 17/4/2004 at about 4.30 P.M. Mr.Harsh Sudan (Since deceased here in referred to as ' Patient') met with a road accident and suffered fracture to left leg(femur) and grievous injuries. He was immediately rushed to Civil Hospital at Dera Bassi and then admitted in the emergency at Govt. Medical College. He was treated under Ortho unit from 17/4/2004 to 19/4/2004 headed by Dr. Raj Bahadur (OP-2). He was put on traction. On 18/4/2004 the patient complained of chest pain and breathing problem, same was informed to the doctors on duty but they neglected it. At 2.00 a.m. in the night it was reported to be 'Fat Embolism', but the patient was not given treatment till next day up to 10.30 a.m. and just continued with traction. The patient's condition became worse. There was emergency need to put the patient on ventilator support but the treating doctors informed about non-availability of ventilator in the hospital. Therefore, immediately the parents shifted their son to INSCO hospital having ventilator facility, but, in spite of the best treatment, patient expired on 25/4/2004 at about 2:00 a.m. The Complainants further alleged that the life of their son could have been saved if there was timely medical intervention done from the doctors by operating the patient immediately on 17/4/2004 and/or 18/4/2004. Being aggrieved, by the deficiency and negligence of OPs, the Complainants (Parents of the deceased) filed Consumer Complaint before the District Forum and prayed Rs.15.00 Lacs as Compensation, Rs.3.5 lacs towards cost of medical treatment and Rs.22,000.00 as cost of litigation.

(3.) The OPs in their reply denied negligence or any deficiency in treating the patient. It was submitted that, only 4 ventilators out of 19 were functioning. The remaining were defective. The 4 ventilators are in use for other critical patients.