R.K. SHARMA Vs. MURTTIYA DEVI

JUDGEMENT

(1.) Several medical literatures reveal that, "Tuberculosis is caused by Mycobacterium tuberculosis. It is also, a possible aetiological agent in Sarcoidosis has been point of debate since many years and has been studied thoroughly. Recent advances in immunologic and molecular techniques have strengthened the association between mycobacteria and sarcoidosis".

(2.) The complainant, Smt. Murttiya Devi took her husband, Shri Ramvriksh Gupta to Dr. R. K. Sharma, the opposite party on 29.12.2003 for the treatment. The opposite party/doctor diagnosed him as a case of tuberculosis and put him on 9 months' treatment by giving anti-tuberculosis drug. Even after 8 months, there was no improvement. The OP/doctor advised for sputum test, which was negative for T.B. The complainant thereafter consulted the doctors of Bhawali Sanitorium, Nainital, who expressed the possibility of some other lung disease and not tuberculosis. Thereafter, the doctor referred the patient to AIIMS, New Delhi but the complainant has not succeeded to get the patient admitted in the hospital. Therefore, she admitted her husband, in V. P. Chest Institute, New Delhi on 20.10.2004. After investigation, the doctors diagnosed him as a case of "Sarcoidosis" in advanced stage. Subsequently, the patient died, on 30.11.2004 in the said hospital. The complainant alleged that the opposite party/doctor has not diagnosed the patient properly and continued the medicines of anti-tuberculosis without conducting proper tests. Therefore, it was the deficiency in service and medical negligence. Hence, the complainant filed a complaint before the District Forum, Udham Singh Nagar.

(3.) The District Forum allowed the complaint and ordered the opposite party to pay a sum of Rs.1,00,000/- as compensation and Rs.1000/- towards costs.