SUB-DIVISIONAL OFFICER TELEPHONE KENDRAPARA Vs. KULAMANI BARAL

JUDGEMENT

(1.) These two appeals arise from a common order passed by the State Commission, where Smt. Arunaben D. Kothari and others (appellant in FA No. 459/1996) had filed a complaint before the State Commission against 6 opposite parties, alleging medical negligence.

(2.) Very briefly the facts of the case are that the complainant's late husband had a fall injuring his right arm for which treatment was taken, but it resulted in an apparent deformity. After 6 months of this, the deceased contacted the second opposite party Dr. Rashmi Vohra, Orthopaedic Surgeon, who advised surgery for correction of the deformity, which was caused by the earlier surgery. The surgery was carried out by the second opposite party Dr. Rashmi Vohra, wherein Dr. Minaxiben was the Anaesthetist and Dr. Pinaben, O.P. No. 6 was assisting Dr. Minaxiben, Dr. Shailesh Desai the O.P. No. 5 was the Cardiologist. Admittedly the surgery was planned and carried out in the first opposite party-Hospital where he had been admitted on 23.3.1990. Dr. Desai after carrying out certain examinations/tests declared him fit to undergo surgery. The patient was moved in the opertion theatre at 9.00 a.m., on 24.3.1990. Next entry, as per record, is "Sudden Cardiac Arrest" at 9.40 a.m. and finally the patient died at about 10.00 a.m. Thus, alleging deficiency on the part of the respondents, complainant Arunaben D. Kothari and others filed a complaint before the State Commission, who after hearing the parties, perusal of the evidence as well as medical literature and hospital record brought on record, allowed the complaint against Dr. Rashmi Vohra, Dr. Minaxiben and Dr. Shailesh Bhai Desai. The State Commission awarded a compensation of Rs. 4,15,000/- and cost of Rs. 5,000/- in the ratio of 30%, 60% and 10% against Dr. Rashmi Vohra, Dr. Minaxiben and Dr. Shailesh Bhai Desai respectively. The hospital and the other two doctors were exonerated by the State Commission. Aggrieved by this order, the three doctors against whom the order was passed by the State Commission, have filed appeal (FA No. 395 of 1996). The complainants have also filed appeal (FA No. 459 of 1996) for enhancement of compensation.

(3.) We heard the learned Counsel for the parties at some length and also perused the material on record. The learned Counsel appearing in FA No. 395/1996, argued that no case of medical negligence has been proved against the Doctors in the order passed by the State Commission. As per record, the necessary tests prior to surgery were carried out by Dr. Shailesh Bhai Desai, who declared him fit for surgery. It is only after that report that the deceased was taken for surgery. Anaesthesia was given as per standard practice by the qualified Anaesthetist Dr. Minaxiben who was also getting the assistance of another able and experienced Dr. Pinaben. She was continuously monitoring the deceased while on the operation table and as soon as she noticed the disturbance in the waves on the monitor, she immediately switched off the supply of Nitroxide Ether and increased the supply of Oxygen and also informed the surgeon, who immediately stopped the Surgery and efforts were made to resuscitate him; Dr. Desai was also summoned, external massage was also done but by the time Dr. Desai came, on account of massive cardiac arrest, the deceased died on the operation table, despite their best efforts. Since all normal procedure, as per medical jurisprudence and protocol was observed yet the patient died on account of massive cardiac arrest, which in any case, has not been proved to be in any way associated with the medical negligence on the part of any one of the appellants in First Appeal No. 395/1996.