YASHODA SUPER SPECIALITY HOSPITAL Vs. A. SUBBALAKSHMI

JUDGEMENT

(1.) This appeal has been filed by Yashoda Super Speciality Hospital, Hyderabad (hereinafter referred to as the appellant-hospital) being aggrieved by the order of the A.P. State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as the State Commission), which partially allowed the complaint of medical negligence and deficiency in service filed against them by Smt. A. Subbalakshmi, respondent no.1 herein and original complainant before the State Commission.

(2.) In her complaint before the State Commission, respondent no.1 had contended that her late husband (hereinafter referred to as the patient), who was a Senior Accountant in the Accountant General's office, had a minor fall from his bed while sleeping and approached the Central Government Health Scheme (CGHS) dispensary with a complaint of muscular pain on the right side near the shoulder. The medical examination revealed slight tenderness and swelling on the right shoulder blade region, for which he was advised to consult an orthopedic surgeon. Patient thereafter got admitted in the appellant-hospital and the medical examination conducted by the orthopedic surgeon revealed that there was no orthopedic defect but there was some congestion on the nerve shoulder region which was fixed with collar and sling so as not to disturb the position. Respondent no.1 noted that on 18.04.2000 the eyes of her husband were yellowish, which was indicative of jaundice and she informed the concerned doctors. It was only two days later that a blood test was conducted, which indicated that moderate jaundice was prevalent. According to respondent no.1, around 5.00 p.m. on 20.04.2000 her husband complained of breathlessness and a feeling of uneasiness and when she informed the doctor and nurses on duty, they were very casual and administered an injection to the patient late in the evening but his condition deteriorated. It was, therefore, decided to shift him to the Intensive Care Unit but there was delay in doing so because no stretcher or wheelchair was available and ultimately he was taken to the Intensive Care Unit at 8.50 p.m. and expired there at 10.00 p.m. According to respondent no.1, if her husband had been given proper and prompt medical treatment and necessary precautionary measures taken, including immediate treatment for jaundice, during his stay in the appellant-hospital, his premature death could have been avoided. Being aggrieved she issued a legal notice on grounds of medical negligence to appellant-hospital as well as the treating doctor claiming a sum of Rs.10,50,000/- as compensation but to no avail. Therefore, respondent no.1 filed a complaint before the State Commission requesting that appellant-hospital and the treating doctor be jointly and severally directed to pay her Rs.10,60,000/- as compensation for mental pain and torture, medical expenses, legal & miscellaneous expenses and interest @ 24% per annum from 14.08.2000.

(3.) Appellant-hospital on being served filed a written statement denying the above allegations. It was contended that as soon as the patient approached appellant- hospital with complaints of pain on the shoulder etc. on 14.04.2000, he was immediately examined by a consultant orthopedic surgeon, who confirmed that there was no fracture but only an injury to the soft tissue around the shoulder. He was admitted into the hospital and was treated for the same and a cuff and collar was put on him and he was advised rest. Since the patient had diabetes, medicines were also prescribed for the same and special care was taken to check the sugar level as also blood pressure etc. As a result of the medical treatment given to him, the pain on the right shoulder considerably subsided and it was planned to discharge this patient on 21.04.2000. However, on 19.04.2000 when the patient developed yellowish colouration of the eyes, he was examined by Dr. M.V. Rao, a Physician, and a Liver Function Test conducted confirmed the jaundice, for which he was given due treatment. On 20.04.2000, when the patient complained of breathlessness and sweating, he was immediately shifted to the Acute Medical Care Unit and a cardiologist attended to him, wherein he was diagnosed with acute myocardial infarction, for which he was given treatment, including cardio pulmonary resuscitation. He was also put on the ventilator but despite the best efforts, he died at 10.00 p.m. The death of the patient occurred due to the sudden myocardial infarction, which is quite common in diabetic patients and, therefore, his death could not be attributed to any medical negligence on the part of the appellant-hospital/doctors. Therefore, the complaint made by respondent no.1 of medical negligence and deficiency in service against appellant-hospital was baseless.