GAURAV MAHAJAN Vs. ASIAN INSTITUTE OF MEDICAL SCIENCES

JUDGEMENT

(1.) This is a Complaint by the son of Late Mr. Arun Kumar Mahajan, alleging that the Opposite Party No.-4, Dr. Praveen Kumar Bansal who is an Oncologist in the Opposite Party No.-1 Asian Institute of Medical Sciences (AIMS), Faridabad has committed negligence by not treating his late father according to settled medical protocols that is expected from a medical doctor for Myasthenia Gravis and he did not refer the patient to a Neurologist inspite of the fact that the disease is a Neurological disease. The contention is that Opposite Party No.-4 took this decision after almost the disease persisted for 4 months by referring the patient to Opposite Party No.-4, Dr. Sushma Sharma in the same hospital and later on to Dr. Najeeb-ur-Rehman, Oppsoite Party No.-3, both of whom are Neurologists. This reference was made with a diagnosis of Myasthenia Crisis. The contention is that no treatment was given for Myasthenia at any stage and therefore the Opposite parties allowed this situation to aggravate the cause of their negligence that ultimately led to the death of the patient on 22/9/2013.

(2.) Learned Counsel for the Complainant explained that this dis-order of Myasthenia relates to narrowing of the food pipe which gets constricted on account of various factors resulting in difficulties in swallowing of food in any form and which also results in the weakening of muscles consequently leading to other complications and if not attended to appropriately the same transforms into the crisis that can result in death.

(3.) Learned Counsel submits that the patient was a known case of Myasthenia for the past 10 years before his death and he was receiving treatment intermittently from the All India Institute of Medical Sciences (AIIMS). It is stated that the patient for the first time approached the Opposite party No.-1 Hospital and he was examined on 1/3/2013 by Dr. Praveen Bansal who is an Oncologist. The fact that the patient was a known case of Myasthenia Gravis has been noted in the history that was recorded at the time of his examination whereupon certain tests were advised and he was admitted and treated for the same. He was discharged and then on not having satisfactorily recovered he again visited the hospital and was again admitted on 27/6/2013. Learned Counsel submits that the patient was admitted with complaints of fever, cough and on and off difficulty in breathing and was managed and then discharged mentioning the treatment advised. The discharge summary dtd. 1/7/2013 is extracted herein under: DEPARTMENT OF MEDICAL ONCOLOGY DISCHARGE SUMMARY <FRM>JUDGEMENT_35_LAWS(NCD)4_2024_1.html</FRM> DIAGNOSIS: MYASTHENIA GRAVIS/DIABETES MELLITUS TYPE-II HISTORY OF PRESENT ILLNESS & HOSPITAL COURSE: Patient is a known case of myasthenia gravis having hypoplastic anemia. Patient on cyclosporine and prednisolone. Patient is a known case of CAD and type 2 diabetes mellitus on medications. This time patient admitted with complaints of fever with chills cough on and off, difficulty in breathing. Patient was admitted and managed in IMC with I/V antibiotic and supportive care was given. Patient was shifted to ward on 28/06/13. Patient managed supportively with I/V fluids and other supportive give. Now the patient is stable and being discharged with following advice. CONDITION ON DISCHARGE: Stable DISCHARGE ADVICE: <FRM>JUDGEMENT_35_LAWS(NCD)4_2024_2.html</FRM> Inj. Insulin as per sliding scale (HIR) plain DEPARTMENT OF MEDICAL ONCOLOGY DISCHARGE SUMMARY <FRM>JUDGEMENT_35_LAWS(NCD)4_2024_3.html</FRM> <FRM>JUDGEMENT_35_LAWS(NCD)4_2024_4.html</FRM> PREVENTIVE STRATEGIES: DIET Hygienic homemade cooked food allowed Avoid raw vegetable salads, fruits Packed fruit juices allowed Use Packed/Filtered/Boiled water Plenty of oral fluids NEXT APPOINTMENT: Review in Medical Oncology OPD on 08/07/2013 In case of any medical emergency come to Asian Institute of Medical Sciences Sec-21A, FBD, Badkal Flyover, Faridabad or may call at 0129/425300 or 105758 Dr. Om Prakash Singh Junior Resident Clinical Associate Medical Oncology Medical Oncology Dr. Praveen Kumar Bansal (MD, DM) Sr. Consultant & Director of (Medical Oncology)