KAKASAHEB Vs. SATISH ROPLEKAR

JUDGEMENT

(1.) This common Order shall decide both the Appeals, which have been filed under sec. 19 of the Consumer Protection Act, 1986 (in short "the Act") against the order of the State Consumer Disputes Redressal Commission, Maharashtra (in short, the 'State Commission') in CC No. 10/2015, wherein the Complaint was dismissed.

(2.) Brief facts that on 30/1/2014, the Complainant - Kakasaheb's wife Vandana (since deceased, hereinafter referred to as the 'patient'), for complaints of chest pain, got admitted in Roplekar Heart Care Centre of Dr. Satish Roplekar (OP). The patient was examined by the OP and Coronary Angiography (CAG) was performed, which alleged to have revealed five blockages in the vessels. The OP advised the patient to undergo immediately Coronary Angioplasty and gave the treatment estimate of Rs.2,50,000.00 to the Complainant. It was alleged that at the time of filling the consent form, it was told that Angioplasty procedure would take 45 minutes to 1 hour. On the next day 31/1/2014, the patient was taken to Operation Theatre (OT) at 4 pm, but all of sudden, at 7 pm, the OP informed to the Complainant about the death of patient during the angioplasty procedure. The Complainant immediately lodged a police complaint against the OP for alleged negligence causing death of his wife. From the Post Mortem (PM) report, the Complainant came to know about the cause of death as "Cardiac tamponed due to rupture of left anterior descending coronary artery during the procedure of percutaneous transluminal coronary angioplasty in a known case of ischaemic heart disease with hypertension". Therefore, being aggrieved, the Complainant filed the Consumer Complaint before the State Commission and prayed for compensation of Rs.48,06,480.00 and other relief.

(3.) The OP -Dr. Roplekar filed his reply and denied the negligence during the procedure and treatment of the patient. He submitted that since year 2010 the patient was suffering from heart problem. On 30/1/2014 she approached the OP with complaints of chest pain and breathlessness i.e. Dyspnea on exertion (DOE -Grade-Ill) a severe nature. The OP clinically examined her and ECG, lab investigations were done. It was diagnosed as 'unstable angina and high blood pressure'. At the first time patient was detected to be diabetic. Therefore, the Complainant was informed to hospitalize the patient for further management. After admission oxygen inhalation and few medicines were given. Next day at about 10.45 am, the OP again examined the patient along with the ECG and blood reports, accordingly advised CAG to decide further course of treatment.