DIRENDRA RAO JACHAK Vs. USHA MULLAPUDI CARDIAC CENTRE

JUDGEMENT

(1.) The Complainant, Mr. Direndra Rao Jachak (hereinafter referred to as "patient") was a Government school teacher at Dhamtari, Chhatisgarh. For some cardiac problems he consulted Dr. Pramod Jaiswal, a Cardiologist, and underwent Cardiac Catheterisation (Angiography) on 15.2.2001 at Ekvira Heart Institute, Nagpur. As per clinical assessment and Angiography report (Exhibit PW1/1), he was diagnosed with:

(2.) Dr. Pramod Jaiswal advised the Complainant for Replacement of Aortic and Mitral Valve (AVR + MVR). The complainant came across and had gone through the brochure of Usha Mullapudi Cardiac Centre at Hyderabad, the OP-1 and came to know, that the OP-1 hospital is fully equipped and it is built as per the specification of American Medical Association. The OP-1 claims itself to be a non-profit institute and suggests that 'a stitch in time saves nine'. Thus, with high expectations, all the way from Raipur, the Complainant went to Hyderabad to OP-1 for his treatment (AVR + MVR) on 21.01.2002. The doctors there assured him that he will be fine after the surgery and will lead a normal life. Hence, with those promises, the Complainant got admitted by raising appropriate funds for the operation by the way of borrowings from one of his relative, selling his one acre of land property and a house. On 24.01.2002, the surgery was performed by OP-2, 3 & 4, with an attending doctor (OP-5). Complainant paid a sum of Rs.1,75,000/- on account of surgery, etc. He was discharged on 11/02/2002. The discharge summary (Annexure P-2) revealed about the peri-prosthetic mild leakage, whereas, the ECHO which was done on 2.2.2002 revealed the moderate leakage. Thus complainant alleged that, it was willful suppression by OP-2 about the factual position, and also, the OP-2 did not monitor the procedure of repair with Trans-Esophageal ECHO during surgery. Till then, the OP doctors assured him that he will be fine and shall recover soon.

(3.) After discharge on 11.02.2002, the complainant returned to Raipur, but as he was still feeling comfortable, he consulted Dr. Ashish Malhotra at Raipur, who, after clinical assessment, the ECG and Colour Doppler study, confirmed that there was a severe leakage and weakening of heart, after the surgery at OP-1.The report dated 6.3.2002 of Dr. A. Malhotra (AnnexureP-3) has been placed on record. The patient was again admitted to OP-1 hospital, on 16.03.2002. He was examined by Dr. Sanjeeb Roy (OP-5) and discussed the findings of Dr. A. Malhotra. Thereafter, OP-5 suggested for Re-do surgery. But, as the complainant had exhausted his funds due to first surgery, he expected the second surgery, at free of cost, which was declined by OP and discharged the patient on 20.03.2002. Thereafter, complainant consulted few other Cardiologists namely, Dr. Aziz Khan, on 8.7.2002 at Crescent Nursing Home, Nagpur (Annexure P-5), Dr. K. Gurunath at Bhilai on 28.7.2003 (Annexure P-6). He consulted Dr. C. J. Hemant Kumar on 29.09.2003 at Jaslok Hospital, Bombay (Annexure P-7) wherein it was informed that, the cost of re-do surgery was Rs.2,50,000/-. He also visited Apollo Hospital, Bilaspur on 14.09.2003. On examination, Dr. Jain informed that the first surgery was a mess up and there is high risk in re-do surgery. (Annexure P-8). Therefore, he alleged that, he became physically handicapped; produced the certificate (Annexure P9), he incurred more than Rs.10 lacs as expenses, suffered physical and mental agony. Thus, complainant filed a complaint before this commission alleging gross medical negligence and deficiency in service on the part of OP and prayed for compensation of Rs.1,06,45,900/- with 18% interest and the cost.