PARWATI DEVI Vs. RAMANAND JHA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 08.08.2012, passed by the Jharkhand State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 265/2009, "Parwati Devi versus Dr. Ramanand Jha" and FA No. 358/2010, "Dr. Ramanand Jha versus Smt. Parwati Devi", filed against the order dated 20.07.2009, passed by the District Consumer Disputes Redressal Forum, Bokaro, allowing the consumer complaint no. 62/2008 and directing the payment of compensation of Rs. _12,000/- and litigation cost of Rs. 3000/- to the complainant by the OP/Doctor. The State Commission vide impugned order dismissed the appeal filed by the complainant, but allowed the appeal filed by the OP/Doctor and hence in the process, the consumer complaint was ordered to be dismissed.

(2.) Brief facts of the case are that the petitioner/complainant Parwati Devi is the widow of Shri Ram Prasad Gupta, who was a patient of hypertension and diabetes mellitus (DM) and was on regular treatment for the said disease. The said Ram Prasad Gupta developed dyspnou with cough and mild chest pain on 15.04.2008, for which he was admitted to Regional Hospital, Dhori under Central Coalfields Limited (C.C.L.) where the OP Doctor R.N. Jha was on duty on 15.04.2008 at 3:30 AM. The said doctor examined the patient and diagnosed DM with hypertension with acute Myocardial Infarction with CCF. It has been stated that the Doctor gave injection streptokinase to the patient, which led to Cerebral Haemorrhage. When the condition of the patient worsened, he was referred to Bokaro General Hospital (BGH) on the same day at 8:30AM. The patient, however, died at BGH on 25.04.2008 at 3:00AM. It has been alleged that the said doctor had indulged in medical negligence by giving injection streptokinase, because the said injection can be given only by a specialist Doctor, whereas the OP Doctor was holding a MBBS degree only. Further, the said hospital was not properly equipped to deal with said kind of cases, as there was no provision for CCU or CT scan in the said hospital. It is also alleged that the injection streptokinase is given only when the blood pressure (B.P.) of the patient is less than 160/100; however, in this case the BP was 210/130. The complainant filed the consumer complaint in question, seeking direction to the OP/ Doctor to make payment of Rs. 10 lakh as compensation and Rs. 6000/- as cost of treatment.

(3.) In the written statement filed by the OP Doctor, it was stated that the said doctor was a permanent employee of the Central Coalfields Limited (CCL) and like other Doctors, he had to perform emergency duty as per the roaster issued by the Hospital. When the husband of the complainant was admitted in the Hospital on 15.04.2008, he was on duty to handle the case in the emergency. The OP/Doctor stated that before starting the treatment, he had advised the attendants of the patient to shift him to the BGH, given his deteriorating condition. However, the said attendants/relatives requested him to continue the treatment. The patient was then admitted and on the basis of previous history, as disclosed by the patient and his son and also on clinical examination, it was detected that the patient was suffering from Mycordial Infarction with heart failure. The Doctor has stated that it was wrong to say that streptokinase was administered when the BP was 210/130. The said medicine was purchased from a chemist shop which opens only after 6:00 AM. The said medicine was given when the BP was around 150/90. The Doctor has denied the allegations levelled in the complaint, stating that he treated the patient to the best of his ability and it was not necessary that the injection streptokinase could be given by a specialist doctor only.