SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY REPRESENTED BY ITS DIRECTOR Vs. PREMEELA

JUDGEMENT

(1.) Late Smt. Chandramathi (hereinafter referred to as the 'patient') was taken to Tely Medical Centre Ltd., Thalassery, where on investigation, she was diagnosed to be suffering from Rheumatic Heart Disease and Mitral Stenosis. Since her treatment in the hospital did not lead to improvement in her condition, she was taken to OP-5 Sree Chitra Tirunal Institute for Medical Sciences and Technology, for her treatment on 30.5.1997. She was advised to undergo a procedure called Balloon Mitral Valvulu Plasty (BMV) to get rid of her ailment. After advising medicines to her, she was asked to report at the hospital on 09.7.1997. Later, the procedure was postponed to 16.7.1997 at 8.00 a.m. and a sum of Rs.70,000/- as advance was taken for her treatment. Though, the procedure was scheduled to be conducted on 28.7.1997 by a team of doctors, headed by Dr. Francis, the patient was informed that the procedure would be performed during a workshop on BMV, which was being held in the hospital on that day.

(2.) According to the complainants, sometime after commencement of the procedure, they noticed the patient being rushed to the Thoracic Surgery Operation Theatre, situated on the third floor, for undergoing an open heart surgery. It came to be known that there was a complication in the BMV procedure and that was the reason the patient was being shifted to the said operation theatre, from the BMV Operation Theatre on the second floor. According to the complainants, the patient did not regain consciousness after surgery and was in a vegetable stage, till she breathed her last on 26.7.1997. Alleging negligence and deficiency in the service, including delay in conducting the heart surgery, a complaint was filed before the State Commission, seeking compensation amounting to Rs.10,00,000/-; besides costs of the proceedings.

(3.) The complaint was resisted by the respondents inter-alia on the ground that the BMV procedure was postponed to 18.7.1997 with the consent of the relative of the patient; the possible complications which could occur during the procedure were clearly explained; since the patient did not stabilize for successful completion of the procedure, it was stopped half way and the patient was rushed to the operation theatre for the open heart surgery where another consent was obtained from her relatives. It was further stated in the reply that though the operation was successful and the patient had stabilized, unfortunately she died after ten days of the operation, which had been done to repair the Left Ventricle Lateral Wall Rent, which had led to the Cardiac Tamponade, a known complication of BMV procedure. It was further stated in the reply that BMV was done in the well-equipped cath lab on the second floor of the hospital building and patient was shifted to the operation theatre on the third floor without any loss of time, because said theatre was always ready to receive her for conducting such emergent operations. It was further alleged in the reply that the lab and the operation theatre were well-equipped with highly sophisticated instruments and are managed by eminent Doctors and staff.