PRAGMA HOSPITAL Vs. MANJIT KAUR

JUDGEMENT

(1.) The relevant facts in brief are that Shri Darshan Singh was admitted in OP-1/hospital on 14.11.2008 and diagnosed as Dengue fever by OP-2/Dr.Surinder Kansal. On 15.11.2008, the patient's condition deteriorated. Patient was transfused two units of Platelet Rich Plasma (PRP) which was brought from Civil Hospital, Bathinda. The patient developed shivering, writhing in pain and became gasping of breath, which was intimated to the OPs 3 and 4 by Dr. Akhilesh and Sri Sanjeev but no proper care received. The OP-2 was called, he came after 1 1/2 hours and told that the reaction was due to blood transfusion. The patient was shifted to ICU. CT scan was performed, but the patient was declared dead at M/s Pragma Hospital. The complainants' allegation was that due to negligence by OPs, the patient died. The Deputy Commissioner (DC) investigated this case through Civil Surgeon, Bathinda and it was reported as negligence on the part of OPs 2 and 3. The OP-3 was trained in Ayurveda System of Medicine and not registered with MCI. Also, the OP-4 was not competent to be employed in the hospital. Therefore, alleging negligence and relying on the report of DC, the complainants filed a complaint before the District Forum, Bathinda for proper compensation.

(2.) The District Forum vide its order dated 18.3.2010 allowed the complaint and directed the OP to pay Rs.1,50,000/- as compensation and Rs.5,000/- as litigation expenses. Being aggrieved from the order, the OP approached the State Commission by way of an appeal. The said appeal No. 1154 of 2010 having been dismissed on the basis of civil surgeon's report vide impugned order dated 28.01.2014. Hence, this revision petition aroused.

(3.) We have heard the learned counsel for the parties. Learned counsel for the petitioner vehemently argued that there was no negligence. The diagnosis was correct as the patient suffered from dengue fever. OP gave option to the patient/attendants for referral to higher medical centre (DMC) Ludhiana/PGI Chandigarh). Thereafter, patient was admitted in the General Ward and was monitored for bleeding tendency by regular Platelet counts. Platelet count progressively decreased on 14.08.2008.