DEEPAK GUPTA Vs. INDRAPRASTHA APOLLO HOSPITALS DELHI

JUDGEMENT

(1.) The present Complaint has been filed under sec. 21 r/w sec. 22 of the Consumer Protection Act, 1986 (for short "the Act") by Deepak Gupta and three others against the Indraprastha Apollo Hospital and its two doctors seeking compensation of Rs.1,08,90,299.00 for act of medical negligence on the part of the Opposite Parties. Facts:

(2.) Mr. Avinash Chandra Gupta, about 74 years (since deceased, hereinafter referred to as the 'patient'), the husband of Complainant No. 2 and father of the Complainants No. 1, 3 and 4 was suffering from headache, dizziness. He was examined by the Opposite Party No. 2 Dr. Jawahar Dar (Neurosurgeon) at Indraprastha Apollo Hospital the Opposite Party No. 1 (hereinafter referred to as the 'Hospital') and on 8/3/2004 MRI was conducted. It was diagnosed as 'Pituitary Gland Tumor'. The patient was operated by the Opposite Party No. 2 on 17/3/2004 and discharged from the Hospital on 20/3/2004. At the time of discharge, the pain killer tablet 'Voveron' 50mg twice a day for two weeks was advised and the patient was called for follow-up on 26/3/2004. It was alleged that tablet 'Voveron' was prescribed without taking patient's past history GI bleed or Malena. On 2/4/2004, the patient fainted because of blood in the Stool, severe GI Bleed and malena, he became anemic - hemoglobin was low as 6.2 g%. He was readmitted in the morning on 3/4/2004. Dr. Broor-Gastroenterologist the Opposite Party No. 3 conducted various diagnostic tests including Upper GI endoscopy, Colonoscopy, Capsule endocscopy, CT abdomen, pelvis and mesenteric angiography. Further Isotope study and MRCP were done, but all test results were normal. The cause of lower GI bleed remained obscure and undiagnosed in the Opposite Party No. 1 Hospital for 16 days and transfused 28 units of blood/plasma. The bleeding was stopped and the patient was discharged on 19/4/2004. It was alleged that the special test for Hepatitis C was conducted and it reported on 17/4/2004 as RNA-Hepatitis C positive. The Liver Functioning Test (LFT) was severely deranged (SGOT/SGPT and Bilirubin were high). However, the OPs never disclosed it to the Patient and/or his family, but soon after discharge, Dr. Broor (OP-3) about Hepatitis C Positive. Thus it was alleged that the patient contracted Hepatitis C infection from the hospital. After few days on 28/4/2004, the patient's BP dropped. On the next day he felt giddy and passed black stool again in the evening. Therefore for 3rd time, in the night the patient was admitted to the Hospital in ICU. One unit of blood was transfused and various tests were conducted but there was no evidence of active GI bleed. After stoppage of blood on 3/5/2004 he was shifted from ICU to the room. But prior to discharge he suffered stroke and right lip palsy, it was due to alleged lack of monitoring the vital parameters. Again he was shifted to ICU and after 3 days he was discharged on 7/5/2004 along with one brief summary. Thereafter the patient took treatment from different hospitals. On 2/3/2005 he was admitted in Ashlok Hospital, thereafter on 19/3/2006 in Umkal Hospital at Gurgaon. On investigations revealed sepsis, raised liver enzymes further renal impairment. Subsequently at the end the Patient developed deep yellow discoloration of the body and he was managed on lines of Hepatic Encephalopathy, sepsis and multi organ failure. However, he suffered a cardiac arrest and died on 11/4/2006 in the night.

(3.) During July to October 2005, the Complainant No. 1 made correspondences with the Opposite Party No. 1 hospital and attempts to settle the matter amicably, but to no avail. Again on 17/4/2006, he once again wrote the Opposite Party No. 1 Hospital for an amicable settlement; however did not get response from the hospital.