LAWS(NCD)-2022-6-54

K. NIRMALA Vs. APOLLO HOSPITALS ENTERPRISES LIMITED

Decided On June 01, 2022
K. NIRMALA Appellant
V/S
APOLLO HOSPITALS ENTERPRISES LIMITED Respondents

JUDGEMENT

(1.) The facts:

(2.) The OPs filed their written versions and denied any negligence during treatment of the patient. It was submitted the OP-2 examined the patient having epigastric tenderness. The clinically it was diagnosed as acute pancreatitis possibly ethanol related. The patient was thus advised admission and ordered further blood investigations and CT Scan abdomen. Based upon the BISAP score (bedside index for severity in acute pancreatitis) and Ranson's score the condition of patient clinically classified as mild pancreatitis. The OP-3 was a Radiologist who works as a Consultant and not an employee of the OP-1 Hospital. During follow-up the patient visited the hospital on 16/6/2012, he was completely recovered from pancreatitis and his physical examination was normal. The patient only complained of food stuck in the throat, therefore esophagogastroduodenoscopy(OGD) was performed and medicines were prescribed.

(3.) The CT scan report dtd. 30/4/2012 revealed a small area of necrosis at the neck of pancreas and suggestive of acute pancreatitis with diffuse fatty infiltration of liver. OP-2 denied that it was necrotizing pancreatitis i.e. severe acute pancreatitis. The OP-3 submitted that a CT Scan can differentiate tumour from the necrosis. There was no evidence or any suspicion of tumour from the CT Scan ( dtd 30/4/2012). The necrosis was found in the neck of the pancreas in a small area i.e. 10 mm to be precise. The necrosis was morphologic changes due to tissue cell death i.e. progressive degenerative changes.