TARIQ KHUSRO Vs. MOHD. ISHRATULLAH KHAN

JUDGEMENT

(1.) Heard Mr. D. Devendra Rao, Advocate, for the complainant.

(2.) Tariq Khusro has filed above complaint, for directing the opposite parties to pay (i) Rs.97715000.00 with interest @12% per annum, as the compensation; (ii) Rs.200000.00 as litigation costs; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that he was about 60 years old, employed at Jeddah, Kingdom of Saudi Arabia and working for one single company for the last 30 years and earning Rs.65.00 lacs per annum. He was also into real estate business in India at Hyderabad and was earning Rs.30.00 lacs approximately per annum. He grew by leaps and bounds. On account of his receding hairline and baldness, he was lured by the advertisements, bill boards and pamphlets relating to hair transplant, displayed by the opposite parties and consulted them. During consultations, Dr. Mohd. Ishratullah Khan and Dr. Taj Kazimi (OPs-1 and 2) informed that they had requisite qualification and taken extensive training in hair transplant in USA and in India and were permitted to practice by Medical Council of India; They were pioneer in this field. They stated that hair transplant used to increase self-esteem/confidence of the person. By showing photos of various unknown persons, OPs-1 and 2 stated that they had successfully carried out hair transplant/grafting of these persons, who are leading normal life. Opposite parties-1 and 2 gave various examples and glib talk and adopted various methods in convincing the complainant for hair transplant. They stated that they were charging Rs.125000.00 as total expenses for hair transplant and offered discount of Rs.10000.00 to the complainant. Through misleading and unconventional marketing strategies, OPs-1 and 2 trapped the complainant for hair transplant. Believing upon their representations, the complainant deposited Rs.15000.00 as advance for his hair transplant. OPs-1 and 2 fixed 25/7/2016 for the procedure to be done for hair transplant and took balance amount of Rs.100000.00 on that day. OPs-1 and 2 sent the complainant to Aman Hospital for clinical investigations, which was under their management. Aman Hospital took blood sample of the complainant on 23/7/2016 and gave clinical investigation report, which reflected the Random Blood Sugar at 160 mg/dl, which was on higher side and required medical attention before taking up any surgical procedure as per Standard Medical Protocol but OPs-1 and 2 without controlling blood sugar took up procedure for hair transplant on 25/7/2016. When the complainant was shifted to operation theatre, he was shocked to see the appalling condition of the operation theatre, which was poorly managed, unhygienic and lacking of the necessary infrastructure as required as per medical science for procedure of hair transplant. There was neither any arrangement to tackle an eventuality of medical emergency nor it was equipped with any life-saving equipment. Looking the condition of operation theatre, the complainant expressed his concern for his safety, in case any situation arises during the procedure of hair transplant but OPs-1 and 2 brushed aside and assured that nothing unwanted would happen. OPs-1 and 2 started procedure and implanted 2800 grafts to make hair grow from the tissues out of 3500 grafts, which was initially planned. At this stage, the complainant developed adverse reaction due to which OPs-1 and 2 discontinued the procedure and told that remaining grafting would be done after 4 days. The complainant was discharged on that day after prescribing antibiotics and pain killer. In spite of medication as prescribed, the complainant experienced unabated pain and discomfort on the scalp. His head and face swelled up and the colour of skin was turned up blue and black. Discolouration and pain continued after reaching to the house. In morning of 26/7/2016, he developed temperature and oedema on the face and eyes, blisters were found on the forehead and scalp with severe pain in grafts. Due to serious and abnormal condition, the complainant visited to the centre OP-3. At that time OP-1 was present there, who without his hand sanitizing, opened the wound and burst the blisters by pinching through figure at the reception counter it-self and sent back the complainant to his house. The acts of OP-1 caused immense pain, inconvenience, discomfort and anguish to the complainant, apart from exposing him to further infection. Opening the wounds unhygenically, unprofessionally that too at the reception counter was against Standard Medical Protocol and amounts to sheer negligence. OP-1 and 2 did not make any investigation for finding out the real issue of severe reaction in the body of the complainant at that time and committed grave negligence. OP-1 told that it was normal phenomena post hair transplant. After coming to the house, oedema extended from face to neck, resulting into choking throat and it has become difficult for the complainant to consume even liquid. The complainant then went to Care Hospital, where he was admitted on 27/7/2016 in Emergency Ward due to serious condition. He was put to Life Support System to save his life. The investigation at Care Hospital revealed (a) Facial Oedema including scalp extending to neck; and (b) Bluish discolouration with Blebs. At the Care Hospital, he was under treatment of the team of Dr. Gyaneshwar (Plastic Surgeon) and Dr. Kola Venkata Ramana together with various specialists. The doctors found Necrotizing Fasciitis of scalp as such immediate surgical debridement was done along with Tracheostomy, gas found in Tissue Planes and he was in sepsis with shock, supported Hemodynamic with Inotropes. The oedema continued to spread and reach to the extent of both his eyes. The right eye was completely swollen with tense myositis of ocular muscles and had decreased eye vision. The right eye was completely removed, owing to the OPs procedure and treatment. M.R.I. was conducted and the complainant was found with Cellulitis features in scalp, face, neck with retro orbital oedema. In the course of treatment, several operative/surgical procedures were carried out i.e. (i) Fasciotomy of scalp/bilateral release done under GA on 27/7/2016. (ii) Surgical Tracheostomy was done by ENT surgeon on 27/7/2016. (iii) Debridement was done under GA on 29/7/2016. (iv)Relock debridement + tarsorrhaphy done under GA on 5/8/2016. (v) Debridement + Lower lid reconstruction + right tarsorrhaphy + Multiple drill hole placement + SSG + VAC application done under GA on 17/8/2016. (vi) Debridement + SSG of neck/bilateral temporal region + Suturing of neck done under GA on 7/9/2016. (vii) Enucleation done on 7/9/2016. After treatment, the complainant was discharged from the hospital on 12/9/2016. During this period it was a touch and go situation as the doctors at Care Hospital gave no hope of his survival owing to multiple effects caused to him due to gross negligence of the OPs. Entire family of the complainant was under deep shock and mental agony together with huge financial burden involved in the treatment during the stay at the hospital for 48 days. Although the complainant could survived but he has become disable and lost his immune system from his body. He lost his right eye completely together with the skin from face to scalp. The complainant is still under medical supervision of various doctors and specialists attending him at home to monitor his health. The complainant continues to be attached with several surgical and medical appliances to drain the accumulating fluids in the wounds on scalp and also to release the gas formation in order to avoid further complications. It is not envisaged at this moment nor known when he would be weaned away from these appalling. Medication is likely to continue for a long time for stability and health. The doctors attending him, advised for several more surgeries in future to repair the damage caused to him due to unprofessional and unqualified treatment of the OPs. Negligence of the OPs caused irreversible and irreparable damage to the complainant's health and wellbeing. Severe pain, discomfort, mental agony, tension and anxiety apart from financial burden for his treatment continue. The complainant sustained heavy monetary loss not only on account of the expenses incurred and being continuously incurred but also due incapacitation to move and attend his work. All these took a severe toll on his health, finances mental wellbeing and continue to suffer with uncertainty of his future wellbeing no knowing whether he will come out of it alive. The complainant has lost his earning both from employment abroad and business at Hyderabad plunging his entire family into financial distress. The dream of his carrier, which he could easily continue till the age of 70 years on a conservative estimate since his employment was guaranteed to continue at his work place at Jeddah. There is no hope of future income from any source and the life of entire family is at stake of proper livelihood. All his resources and finances have drained and exhausted and from being well to do has plunged to being dependent and indebted to several people having taken loan for his treatment, medication and other incidental expenses. OPs-1 and 2 are not qualified Plastic Surgeon or holding any specialized degree or diploma to practice hair transplant procedure. In violation of Rule 7.20 of the Rules for Medical Practitioners, framed Medical Council of India, they claimed as specialist in hair transplant. By claiming as specialist in hair transplant, they are committing fraud with the public and cheating them. The complainant gave legal notice to the OPs dtd. 1/10/2016, calling upon them to pay compensation of Rs.977.15 lacs. The OPs gave reply notice dtd. 1/11/2016, denying any negligence being committed by them. Then, the complaint was filed on 27/1/2017.