FORTIS HEALTH CARE (INDIA) LTD. Vs. BHAGCHAND MEENA

JUDGEMENT

(1.) This First Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, 'the Act') challenges the order dtd. 16/2/2018 in complaint no. CC/26 of 2012 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') allowing the complaint and directing the opposite parties no.1 to 4 jointly and severally to pay Rs.50.00 lakh to the complainant as compensation for medical negligence for the death of his son with simple interest @ 9% per annum from the date of the complaint (23/4/2012) till the date of payment within 2 months of the order.

(2.) I have heard the learned counsel for both the parties and perused the material on record carefully.

(3.) The relevant facts of the case, in brief, are that the respondent/complainant's son was suffering from 'Mobile Atlanto Axial Dislocation' or AAD due to injury in childhood on account of a fall from a height of 20 ft for the past 15 years. As a consequence of this injury the patient was bedridden and on wheelchair. AAD is related to injury to the spinal cord and the cervical area which leads to progressive neurological deterioration including high cervical myelopathy (pressure on the spinal cord) with symptoms of weakness, spasticity (stiffness), wasting (atrophy of muscles) and respiratory compromise. According to the appellant, as per the history of treatment based on medical records, the patient was not provided adequate treatment and therefore suffered neurological deterioration. As per the respondent, his son was reasonably mobile and was able to manage himself. According to the petitioner, the patient was admitted in the Department of Neurosurgery, Government SMS Hospital, Jaipur on 7/9/2011 for investigations relating to a proposed surgery for AAD. However, he left the hospital without the doctor's permission and thereafter consulted Dr Hemant Bhartiya on 13/9/2011. Thereafter he approached the said Dr Bhartiya in November 2011 after two months. The patient also decided to get admitted in Fortis Escort Hospital in Jaipur for surgery. In view of the required investigation having been done in September 2011, further investigations were not done. Prior consent of the relatives were obtained and the surgery was conducted on 24/11/2011 followed by another surgery on 24/11/2011 The patient remained in the hospital till 26/12/2011 and was discharged on request. The patient subsequently expired during hospitalisation at Mittal Hospital, Alwar on 1/5/2012. On 10/5/2012, one Dr S C Mittal of Mittal Hospital, Alwar issued a certificate indicating the cause of death to be 'quadriplegia, respiratory failure and sudden cardiac arrest'. The said Mittal Hospital had also issued a certificate earlier on 8/4/2012 to state that the patient had been brought on 26/12/2011 in a Critical Care Ambulance on ventilator and that he had continued to be on the ventilator since then as he could not be weaned off the ventilator since his left lung was collapsed with quadriplegia.