M PUNDALIKA SHENOY Vs. RAMAIAH INSTITUTE OF CARDIOLOGY

JUDGEMENT

(1.) One Sri Pundalika Shenoy had filed this complaint against M/s. M.S. Ramaiah Institute of Cardiology and Gokula Education Foundation (Hospital) and its 3 Doctors praying for the direction to them to pay compensation of Rs. 19,82,853.00 along with interest @ 24% p.a. from the date of receipt of Notice dated 21.11.1996 and such other relief deemed fit. During the proceedings, the complainant died and his Legal Representative are brought in record. O.P. 3 Dr. Nityananda Shetty expired and deleted from the complaint under the Order dated 18.11.2004.

(2.) THE patient prior to the said operation, was working on the sales side headquartered at Bangalore and he was last employed as Sales Officer of M/s. Bharath Trading Company, Rajajinagar, Bangalore. He had put in 24 years of service involving vigorous travelling and canvassing for various products. He had been a very energetic person, after the implantation and operation conducted by the O.Ps., he has become a total recluse. He has been undergoing treatment regularly and he has advised to continue for indefinite period, but at the same time without much hope of improvement. The negligence and carelessness by O.Ps. has effected his health and mortality apart from depriving sources of livelihood. He cannot exert himself in any manner and has become burden to the family of wife and 2 young daughters, which has caused severe mental tension. He has to undergo Psychiatric treatment for Pschomatic Fobic disorder (still undergoing), caused on account of above facts. He has been advised to stay indoors till further advice, till he gets strength to move about. He requires the assistance of 3rd parties for his daily cores. This has caused serious apprehension whether he could lead normal life discharging marital obligations. He was earning Rs. 65,000 p.a. before he was hospitalized. He had bright future, but for the negligence of O.Ps., he would have not only continued to earn the said amount and would have gain more during the subsequent periods considering the normal increments, till the age of 60 years. He was likely to be promoted and would have earned considerably more amount than expected to be earned by him in the course of time. He has reasonably expected to leave beyond 60 years as generally, his family elders lived fairly longer period, and lived healthily. He would have been continued to be employed gainfully. His average gaining as per modest estimate to be Rs. 65,000 per year and making provisions for the increments, he would have earned not less than Rs. 1,10,000 on 60th year. In all, for the period from 1997 to 2009 (16 years) he would have earned not less than Rs. 12.50 lakhs. Considering all the above facts, the patient has claimed global sum of Rs. 19,82,853 as damages. The claim in the complaint is under 5 heads -For the reimbursement of charges and treatment, Rs. 1,05,000 in the O.P. Hospital, Rs. 44,520 Mallya Hospital Expenses, and loss due to earnings, 2/3 of Rs. 12,50,000 i.e., Rs. 8,33,333, and compensation for pain and agony and future medical expenses Rs. 10.00 lakh.

(3.) THE procedure does not involve using Pig Tail Catheter in the operation and deceased patient was ill -advised in the matter and has made wild allegations without proper verification, authenticity of facts on medical field only to make a case to suit his convenience. There is no evidence of pericardial effusion as per para 14 of the complaint. Paras 13 and 14 of the complaint requires to be strictly proved. It is objectionable that deceased complainant has used defamatory and derogatory words such as fraud, deception, suppression. Requisite care and caution were taken by O.Ps. subsequent to the median sternotomy operation. O.Ps. have appropriately replied the legal notice dated 21.1.1996 highlighting the true facts. Basis arrived at for making the claim are false, motivated and imaginary. The claim is unrighteous, unjustifiable and without precedents, and against the well established cannons of law and medical literature. There is no logic or rational for such claims under various heads. The huge amount of claim manifests the dishonest intention to make a wrongful gain. The deceased complainant exaggerated the claim of Rs. 19,82,853 under various heads, has got a potential to create mischief and deter doctors undertaking risky surgical operations lowering their morale. By making false allegations, the deceased complainant is trying to cover up his own lapses and laches. The complainants are not entitled for any compensation and interest on the claim amount.