CONSUMER PROTECTION COUNCIL Vs. TIRUCHI SPECIALITY HOSPITAL

JUDGEMENT

(1.) The Complaint was filed by the Consumer Protection Council, Tamil Nadu, Tiruchirapalli (Complaint No.1) on behalf of the 2nd Complainant. Mr. U. S. Selvaraj, a prison constable. The OP-1 is Tiruchi Speciality Hospital and Dr. M. Shanmuvgavel (OP-2) was a consultant with OP-1, in internal medicine.

(2.) The facts are that deceased, Smt. Solai, wife the Complainant -2 ( in short "Patient") was working in LIC, as Assistant Administrative Officer (AAO), drawing a salary of Rs.14,000/- per month. On 08.02.2000, she was admitted to OP-1, with complaints of wheezing. She was discharged on the next day. As per prescription, (Ex-1), she bought medicines from the pharmacy inside the hospital and obtained cash receipt (Ex-2). She consumed the drugs 3-times-a-day as advised by Dr. Shanmuvgavel (OP-2). On 10.02.2000, she experienced convulsions and shaking of hands, for which she contacted OP-2, on telephone, who advised her to continue the drugs, as prescribed and said that she will get relief. He also expressed that it may be any side effect of one of the drug (Salbutamol). Hence, the patient continued to take the medicines. On 12.02.2000, she experienced shivering while in the office. She again contacted the OP-2, who advised the same. It went on increasing, so, at around 01.30 p.m., she left the office for home. At around 10.00 p.m. in the night, she had severe shivering and convulsion and became unconscious. Her brother called the OP-2 who advised him to bring her to the hospital, and then her husband took her to OP-1 at 10.00 p.m. At 12.45 a.m. the OP-2/Dr. Shanmuvgavel arrived and examined the patient, but unfortunately the patient succumbed at 01.15 a.m. Thereafter, the OP-2 became non-cooperative and told the complainant -2 that, the death of patient was due to COPD (Chronic Obstructive Pulmonary Disease).

(3.) After 2 days, the Complainant-2, took to the attention of his friend towards the tablets which his wife was consuming. It was noticed that there were around 25 tablets of Heterezon and 20 tablets of Glynase. It came into surprise to Mr. Selvaraj that, his wife was not diabetic and because of consumption of tablet Glynase for 3 days, she suffered severe hypoglycemia and subsequently succumbed to death. He noticed the Batch No. CH8101 with the expiry date of 09.01.2001. The allegation was that the 2 tablets which were identical, were issued negligently by the unqualified lady pharmacist. Therefore, the hospital should have been very careful while dispensing the drugs. The Complainant produced literature on Hypoglycemia from Harrison's Principals of Internal Medicines.