DR. REBA MODAK Vs. SANKARA NETHRALAYA

JUDGEMENT

(1.) The Complainants Dr. Reba Modak and her husband Girija Sankar Modak are the parents of deceased son Master Anamitra Modak. The Opposite Parties are Sankara Nethralaya, Chennai (OP-1), Dr. T. S. Surendran (OP-2) and Dr. R. Kanan (OP-3) the Anesthetist. The Complaint was filed under Sec. 21 of the Consumer Protection Act, 1986 by the parents of deceased for alleged gross medical negligence and deficiency in service causing death of their only child during surgery for squint correction.

(2.) The Complainants' son Anmitra, about 6 years of age (hereinafter referred to as the 'patient') for his squint eyes was taken to Chennai at Sankara Nethralaya (hereinafter referred to as the 'OP-1 - Hospital'). Dr. (Mrs.) S. Agarkar examined the child on 12/6/2000 and advised minor surgery to correct the squint. She proposed the name of Senior Surgeon - Dr. T. S. Surendran for the operation to be done on 14/6/2000. The preoperative investigations, blood and urine tests were conducted. On 13/6/2000, Dr. Sujatha clinically examined the child and noticed faint functional systolic 'murmur' and chest wall abnormality. The same was brought to the notice of Dr. S. Bhaskaran, a Senior Cardiologist, who further examined the child with some exercises and concluded about no murmur and he also ruled out further need for any tests like ECG, ECHO or Chest X-ray etc. He declared the child "Fit for General Anesthesia". The surgery was fixed on 14/6/2000. As advised, the Complainants took their child on empty stomach to the hospital at 9.00 a.m., but the bed to the child was allotted at around 2.00 p.m. The child was administered three injections and at about 3.00 p.m., he was taken to Operation Theatre. At about 6.00 p.m. the Complainants were given shocking news by Dr. J. Biswas that their child expired on the operation table. It was further alleged that the hospital issued patient's case summary after two days i.e. on 16/6/2000. The discharge summary was vague without details of Cardio Pulmonary Resuscitation (CPR) and the happenings in the operation theatre. Despite repeated requests, the OPs failed to provide complete medical record. Therefore, they approached the Prime Minister's Office and, finally after six months (11/12/2000) entire medical record including Post mortem report was handed to the Complainants.

(3.) The Complainants further alleged that there was excessive gap between the last oral intake and commencement of the surgery. The patient was fed at 6 a.m. with just two biscuits and juice but, he was taken to OT at 3.00 p.m. Thus, the child was kept on fasting for 9 hours 20 minutes, due to which he became hypoglycemic, which could lead to cardiac arrest. Halothane was used as an anesthetic agent which was known to cause bradycardia (heart rate slows down). Atropine was given as a pre-medication in all the cases to prevent bradycardia. The timing and dose of injection atropine is very important to prevent Endotracheal intubation (ETI) induced bradycardia and cardiac arrest. Atropine will have to be administered at least 45 minutes pre-operatively. In the present case, it is evident that the child was not administered the correct dose at right time. There was huge gap between atropinization and actual surgery; it was administered as per the convenient schedule or to accommodate the Surgeon. The Anesthetist failed to intubate, which was the cause of death. The Complainants alleged that on that day, Dr. T. S. Surendran had already completed 16 operations and there was no hurry to operate on the child on the very day itself, wherein high degree of care was needed. Being aggrieved by the gross medical negligence on the part of Opposite Parties, the Complainants have filed the Complaint before this Commission and prayed for Rs.1,00,20,000.00 as compensation.