OBAID HASSAN KHAN Vs. JAMILA RASHID DIRECTOR

JUDGEMENT

(1.) This first appeal has been filed under Section 21(a)(ii) of the Consumer Protection Act, 1986 by Obaid Hassan Khan, Appellant herein and Complainant before the Bihar State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission), challenging the order of that Commission, which had dismissed his complaint of medical negligence, resulting in the death of Appellant/Complainant's wife, against Smt. Jamila Rashid, Director, Arshi Clinic, Patna and 3 others, Respondents herein and Opposite Parties before the State Commission.

(2.) In his complaint before the State Commission, Appellant/Complainant had stated that on 27.05.2004 his wife Smt. Tabassum Parveen (hereinafter referred to as the Patient), who had been unwell for 4-5 days with complaints of vomiting, abdominal pain, mild fever and "yellowish urine", was taken by him to Dr.M.A. Rashid (Opposite Party No.2), who practiced in Arshi Clinic at Patna, of which his wife Smt. Jamila Rashid was a Director, and although the Appellant/Complainant informed that he suspected that his wife was suffering from jaundice, Dr. Rashid wrote "jaundice nil" and prescribed antibiotics and Paracetamol for 5 days which were contraindicated in jaundice patients. The next day there was deterioration in Patient's condition and symptoms of jaundice became more visible. Appellant/Complainant again took his wife to Opposite Party No.2, who thereafter prescribed certain blood tests to be done on an empty stomach. The tests conducted on 29.05.2004 confirmed that Patient was suffering from severe jaundice as the Bilirubin count was 11.4 mg whereas the maximum normal rate is 1mg. On 30.05.2004 on receipt of the above report Appellant/Complainant took the same to Dr. Rashid, who advised that antibiotics and Paracetamol should be discontinued. When there was no improvement in Patient's condition, Appellant/Complainant took the advice of one Dr. U.C. Samal (Opposite Party No.3), who prescribed Emeset injection to be administered twice a day to which Patient reacted adversely and was referred to Kurji Holy Family Hospital (Opposite Party No.4), where her Bilirubin count was found to be 19 mg and she went into a coma. Since she was having difficulty in breathing, two Doctors known to the Appellant/Complainant i.e. Dr.S.A. Khan and Dr.Ghosh came to see the Patient and advised that she be provided a ventilator, which was declined by the hospital on the grounds that Hepatitis Patients are not provided ventilators because it may cause the spread of jaundice in the hospital. Because of the wrong diagnosis, administration of irrational drugs and lack of ventilator support, Patient passed away, causing enormous mental and physical agony to the Appellant/Complainant, who lost his spouse and to his three year old son who was deprived of his mother's love. Patient, who was only 29 years old and a Postgraduate, was earning Rs.6000/- per month and was also preparing for the competitive exams. Taking into account all these facts, Appellant filed a complaint on grounds of medical negligence and deficiency in service on the part of Dr. M.A. Rashid (Opposite Party No.2), Dr. U.C. Samal (Opposite Party No.3), Kurji Holy Family Hospital (Opposite Party No.4) as also the Director of the Arshi Clinic Smt. Jamila Rashid (Opposite Party No.1) and requested that the State Commission direct them to pay Appellant/Complainant (i) Rs.40 Lakhs towards damages and earnings which Patient would have earned in her life time; (ii) Rs.40,000/- incurred on her medical treatment; and (iii) Rs.10,000/- as litigation costs, alongwith 18% interest on the above amounts.

(3.) Respondents/Opposite Parties on being served filed written rejoinders denying the allegations made against them and inter alia stated that there was no delay or negligence in the treatment of the Patient which was done as per standard case practice in the treatment of jaundice. They also annexed various documents, citations and extracts from medical books/literature in support of their contentions. It was specifically contended by Dr. M.A. Rashid (Opposite Party No.2) that within a few hours of Patient being examined by him, he advised necessary pathological tests to detect jaundice. Dr. U.C. Samal (Opposite Party No.3) stated that Emeset injection, which was prescribed by him and was to be administered twice a day to check nausea and vomiting, was not contraindicated since Emeset is safe for jaundice patients if the dosage does not exceed 8 mg. per day, which it did not in this case. Kurji Holy Family Hospital (Opposite Party No.4) stated that a conscious decision was taken not to put the Patient on ventilator support since it was contraindicated because of her prolonged convulsions and possible bleeding in the respiratory tract. She was, therefore, put on oxygen inhalation and lack of ventilator support thus did not contribute to her death. Opposite Parties contended that Patient died of fulminant hepatic failure despite adequate medical care by well qualified doctors and proper management because mortality is known to be very high in such cases. Thus, there was no negligence or deficiency in the line of treatment which was both appropriate and adequate.