S VEERASAMY Vs. MURUGAIYAN

JUDGEMENT

(1.) The case of the complainant is as follows: the complainant was working as Loadman in Godrej Private Company Ltd. Due to the family quarrel on 3.5.2002, he attempted to commit suicide by consuming three seeds of yellow Oleander. Immediately, he was taken to a private nursing home and he was given treatment by the opposite party No.1. On 4.5.2002, he was advised to go to Jimper Hospital for further treatment, on which day, he was admitted in the opposite party No.2 hospital. While he was taking treatment in the hospital, his right hand has developed swelling and he was suffering from severe pain on his right hand. On 9.5.2002, his right hand was amputated by the doctor of opposite party No.2. Only because of the negligence and careless act of the doctor of opposite party No.2 hospital, the complainant's right hand was amputated. The complainant was hale and healthy and because of the wrong treatment given by the opposite parties, the complainant's life became miserable. The complainant was the only bread-winner of his family and because of the loss of his right hand, the complainant's entire family was suffering physically. The complainant estimated the compensation to Rs.7 lakhs towards pain and suffering, loss of income and permanent disablement. The opposite parties are vicariously liable to pay compensation of Rs.7 lakhs.

(2.) The case of the opposite party No.1 is as follows: the opposite party No.1 treated the complainant on 3.5.2002. There is no specific antidote available for this poison and only supportive treatment is available throughout the world. The opposite party No.1 treated the complaint by giving stomach wash and administered atropine injection, whenever the heart rate came down. The heart rate of complainant during treatment was 70-80 irregular at times and B. P. was around 110/60 and was irregular at times. In spite of the treatment, the complainant was dehydrated, vomiting and had diarrhoea. Under these circumstances, the opposite party No.1 referred the complainant to opposite party No.2 on 4.5.2002. He has given the correct treatment which was also followed by the 2nd opposite party. The complainant was treated by the 2nd opposite party and he was finally operated on 16.5.2002 by 2nd opposite party and his right hand below the elbow was amputated due to gangrene formation in order to save the life of the complainant. Therefore, the 1st opposite party is not liable to pay compensation to the complainant. There is no averment in the complaint against the opposite party No.1 regarding any negligence in treatment or of any deficiency in service.

(3.) The case of the 2nd opposite party is as follows: the complaint is not maintainable in law. A single crushed seed of this poison can be sufficient to cause death in an adult. With the intake of large amount of poison i. e. , large number of crushed seeds and delay in bringing the patient to the hospital, very few survive even with best management. In such cases, the death is usually due to toxic effects on the heart in the form of cardiac conduction blocks rhythm disturbances and electromechanical dissociation, leading to abnormal ineffectual beating of the heart causing cardiac failure and death. There is no antidote available for this poison and only supportive treatment can be given. The standard management protocol for this condition is treatment with chronotropic (atropine) and ionotropic drugs to boost blood pressure and improve circulation. In the event of failure of medical management temporary cardiac pacing is done as a life saving procedure. In this procedure a shielded wire is passed into the heart through a blood vessel and through this wire, electric impulse is given to stimulate the heart to pump blood. It has become a standard life saving procedure for this condition of patients as Jimper. The complainant was admitted on the evening of 4.5.2002. At the time of admission, he was critically ill with abnormal low body temperature, irregular pulse and very low blood pressure. As per standard treatment protocol, he was managed with chronotropic and ionotropic drugs without which it was not possible to save his life. The echocardiography of the heart showed presence of blood clot in the left ventricle of the heart. Development of gangrene of the right hand appears to be due to embolization of this blood clot. Sudden stoppage of blood flow in an artery in such a manner leads to the development of gangrene. The blood clot in the heart can form due to cardiac dysfunction and abnormal beating pattern of the heart as a result of cardiotoxity developing from the poison. This is a known complication of all the types of cardiac dysfunction resulting from intake of the cardiotoxic poison like yellow Oleander. The blood clot which obstructed the blood vessel in the right hand has been caused by the cardiac toxity and its resultant complications arising as a result of intake of the Oleander seeds with the intention of deliberate self harm i. e. , suicide and not by negligent and improper treatment. Once gangrene is formed and the distal parts are dead, it is imperative to amputate the right hand, below the elbow in order to save the life of the patient. Hence, the best available treatment has been administered to the complainant. The complainant is not entitled to any compensation for his own act of consuming Oleander seeds to commit suicide.