RAMESH KUMAR Vs. AKHIL SAXENA

JUDGEMENT

(1.) The Complainant, Sh. Ramesh Kumar, filed this complaint against Dr. Akhil Saxena & Ors, the opposite parties, alleging medical negligence during the treatment of his wife, Smt. Anita Khatri (in short "Patient") which resulted in untimely death. He has arrayed total 11 Opposite Parties, which consists of 7 doctors, 2 hospitals, and 2 blood banks, as mentioned in the Cause title. Complainant further alleged that there was a breach of duty by the treating doctors, the medical records are incomplete, inconsistent and show tampering of the same. The patient suffered complications due to blood transfusion, which was transfused on the date of expiry, therefore, possibility of contamination cannot be ruled out. The patient was suffering from borderline Cardiomegaly and urinary infection, even though she was operated for fibroid uterus. The OP did not give proper prophylaxis prior to surgery. No pre-operative tests were conducted. The operation was not properly monitored and the general anesthesia was not proper.

(2.) During post-operative period, the patient suffered pulmonary embolism which the OP should have been anticipated. It requires intensive management having advance cardio pulmonary facilities, which were not available with the OP-Saxena Hospital. The patient was not given ventilator supports which finally lead to septicemia, multi organ failure, death of the patient, on 29.12.2010. Thus, the doctors did not follow the standard of medical practice; there was no proper referral and the complications management. OP did not conduct the Post mortem, even after request.

(3.) We have perused the complaint and the documents on file. We have noted that on 05.07.2011, Haryana Medical Council dismissed the complaint of the Complainant. Further, on 30.12.2011, Delhi Medical Council dismissed the complaint of the Complainant. Appeal was filed before the Medical Council of India; it was decided in favor of complainant on 19.06.2013. held that "The treating doctors namely, Dr. Anupama Sethi & Dr. Akhil Saxena have been found to be negligent in their care provided to late Mrs. Anita and the ethics committee recommended for removal of their names from the Indian Medical Register/concerned State medical Register, for a period of one month.