K. KARTHIGA Vs. HELIOS HOSPITAL

JUDGEMENT

(1.) Heard Mr. Himanshu Gupta, Advocate, for the complainants, Mr. Sanjay Pinto, Advocate, for opposite party-1, Ms. Pragya Puri, Advocate, for opposite parties-2 and 3, Mr. K.K. Jain, Advocate, for opposite party-4.

(2.) Mrs. K. Karthiga, Master K. Athithya and Master K. Dharshan have filed above complaint for declaring that the opposite parties had committed negligence and deficiency in service in treatment of I. Karthikeyan, resulting in his death and directing them to (i) pay Rs.55100000.00 with interest @18% per annum, from 5/8/2009 till the date of payment, as compensation; and (ii) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that I. Karthikeyan, aged about 36 years (the patient) had suffered from fever, swollen and painful left leg and loss of appetite on 28/7/2009, afternoon and consulted Dr. Muthusaamy, his family doctor at 19:30 hours, who prescribed for blood test. On 30/7/2009, the patient showed his blood test report to Dr. Muthusaamy, who did not notice any abnormality and advised to consult Dr. Ayyasamy, in Lifeline Hospital, Chennai, an Orthopaedic doctor. On advice of some friend, the patient went to Helios Hospital, which was an orthopaedic specialty hospital, where Dr. Krishna Kumar (opposite party-2) examined him on 31/7/2009, who took an X-ray report of his left leg, from which he did not find any abnormality. He therefore advised for MRI Scan. The patient went for MRI on 1/8/2009 in evening and completed the final 3rd step of MRI Scan. In view of severe pain in his left leg of the patient, Dr. Krishna Kumar (opposite party-2) recommended for admission in Fortis Malar Hospital under the care of Dr. Nandkumar Sundaram (opposite party-4). The patient went to Fortis Malar Hospital on 2/8/2009 in evening, where he was examined by Dr. Nandkumar Sundaram, who admitted the patient in the hospital at 20:20 hours and advised for blood test. Opposite party-4 again examined the patient on 3/8/2009 at 10:00 hours and noted 'warmth and tenderness in the left leg'. Opposite party-4 advised for 'bone scan' on 3/8/2009 at 13:50 hours. On 4/8/2009, opposite party-4 advised for 'advance nuclear scan' for bone scan. The patient went to Advanced Nuclear Medicine Research Institute, at Purasawalkam, Chennai for 'advance nuclear scan'. After 'advance nuclear scan', he returned to Fortis Malar Hospital 19:20 hours with severe pain in the lower left leg and breathlessness. The patient was then examined by the team of doctors at 20:45 hours, who conducted various tests. Dr. K.P. Suresh Kumar (a cardiologist) examined the patient at 22:00 hours, who diagnosed 'Deep Vein Thrombosis' (DVT)- Pulmonary Embolism. Due to critical condition, the patient was shifted to ICU and the medicines of DVT were started. According to 'Mortality Summary' as issued by opposite party-3, the patient got cardio respiratory arrest at 2:10 hours on 5/8/2009 and died at 5:35 hours. Dr. Krishna Kumar (opposite party-2) examined the patient on 31/7/2009, who had swollen and painful left leg, which was a clear sign of DVT. Under standard medical protocol, he should have started medicines of DVT, until proven otherwise. Although Dr. Krishna Kumar (opposite party-2) and Dr. Nandkumar Sundaram (opposite party-4) are claiming themselves as super specialist orthopaedic but they have committed gross negligence in diagnosing DVT at the earliest and providing medicines for it. It is only on 4/8/2009 at 22:00 hours Dr. K.P. Suresh Kumar diagnosed DVT-Pulmonary Embolism. By that time, condition of the patient had become critical. Even after diagnose of DVT-Pulmonary Embolism, inadequate dose of medicines had been given to the patient. The weight of the patient was 90 kg. His initial dose of Heprine should be 7200U and maintenance dose should be 1620U per hour but he was given initial dose of 5000U and maintenance dose 1000U per hour. Although the patient died due to DVT-Pulmonary Embolism, but in 'Mortality Summary' cause of death has been noted as 'cardio respiratory arrest' to conceal the negligence of the doctors. At the time of the death, the patient was working as Vice-President in Lykot Hitech Toolroom Ltd. (a company) and drawing salary of Rs.31500.00 per month. The patient had stake of 1% shareholding in the said company and had income of Rs.70000.00 per years from it. The patient was partner with 50% share in the firm M/s. Flowtech Engineers and in the financial year 2009-2010, Rs.596422.00 was profit and Rs.144000.00 was remuneration in his share. Total annual income of the patient at the time of his death was about Rs.1100000.00. Age of the patient was 36 years at the time of the death. Both the company and firm were running in profit and the income of the patient is likely to be increased 15% annually. By the time of his retiring age of 60 years, his annual income would be Rs.3300000.00. The patient had four members in his family as such 25% of the income is liable to be deducted towards personal expenses of the patient. For the age of the patient, multiplier of 24 is applicable. Thus total loss of income was Rs.4.00 crores. Due to untimely death of I. Karthikeyan, his family members have suffered loss of consortium and mental pain and agony. The family incurred Rs.50000.00 in treatment/test reports of the patient during this period and Rs.50000.00 as funeral and last rites expenses. Due to negligent and irresponsible treatment as provided by the opposite parties, the complainants suffered loss of Rs.5.51 crores. The complaint was filed on 29/11/2011, along with IA/1/2011, for condonation of delay. Delay was condoned by order dtd. 24/4/2012.