RAVINDER Vs. ESIC HOSPITAL

JUDGEMENT

(1.) The Present Complaint has been filed under Sec. 21(A)(i) of the Consumer Protection Act, 1986 (for short 'the Act 1986') by Ravinder (hereinafter referred to as the 'Complainant') against the Opposite Parties ESIC Hospital and its 2 Doctors seeking compensation of Rs.1.04 Crore for the alleged act of medical negligence causing death of Complainant's mother.

(2.) The relevant facts are that, on 22/9/2011 the Complainant's mother Hemawati, 59 years of age (since deceased hereinafter referred to as 'the Patient') visited the ESIC Hospital (OP No. 1) for the complaints of fever fo a month. She was examined and advised chest X-ray , Complete Blood Count (CBC) and Sputum examination. The Chest X-ray revealed Pleural Effusion and a cavity in left lung. The sputum for AFB was negative. The patient consulted Dr. Vikram Vinayak (OP No. 2) a Chest and TB Specialist who prescribed DOTS (TB medicines) for 14 days, however despite consuming medicines, the condition of the patient day by day kept on deteriorating. She further she suffered breathlessness.

(3.) Again, on 11/10/2011 X-ray Chest was done, it revealed increase in volume of pleural fluid. The sputum for AFB test was still negative, but again for next 14 days prescribed DOTS. On 17/10/2011 the first Pleural aspiration was performed. 5 to 10 ml of pleural fluid was sent cytological examination to Dr. Sherry Khanna (OP No. 3). She reported it on 25/10/2011, as negative for malignant cells. It was alleged that the OP No. 2 was on leave and no alternate doctor available in the OPD to show cytology report. Later on the OP No. 2 after going through the cytology report again prescribed DOTS medicines with cough syrup. On 21/12/2011, the patient was admitted to OP No.1 hospital for complaints of breathlessness and intermittent fever. On 2/1/2012 second pleural aspiration was performed, about 1620ml (3 bottles of 540ml size bottle) of pleural fluid aspirated. Further within one week on, third time pleural aspiration was done on 9/1/2012 and patient was discharged on 10/1/2012 with advise to continue medicines and review in medicine OPD after 2 weeks.