LALLURAM MEENA Vs. S. MATHUR AND ORS.

JUDGEMENT

(1.) THE complainant, Lalluram Meena's wife, Smt. Kaushalya gave birth to a male child on 17 -01 -1994 at 10:40 P.M. in Sharad Hospital, Jaipur (OP -2). The delivery was conducted by Dr. Yash Mathur (OP -1). She was discharged on 21 -01 -1994 and was told that the child was perfectly well but the child was suffering from jaundice, since birth. After going home, the child started difficulty in breathing. The condition deteriorated and the child suffered convulsions and mild fever. The jaundice became severe, which spread into the brain. Therefore, the complainant again contacted the OP -2, Hospital, but they told the complainant that their duty was only to deliver the child. Therefore, the complainant contacted child specialist, the child was taken to J.K. Lon Hospital at Jaipur on 22 -01 -1994, where he was admitted and treated up to 01 -02 -1994. At J.K. Lon Hospital it was diagnosed that the child was suffering from severe jaundice, neonatal hepatitis, ABO incompatibility causing kernicterus stage II. Therefore, the complainant alleged that the OP did not treat the jaundiced child properly. The jaundice could have been controlled at initial stage, but no treatment was given by the OP. Hence, bilirubin level crossed more than 18 mg that caused damage to the brain, subsequently the child became disabled. The medical officer of PHC, Chandwaji, issued a disability certificate on 09 -12 -1996. Thus, alleging medical negligence against OP -1 & 2, and as the child suffered disability throughout the life, the complainant filed a complaint before the Rajasthan State Consumer Disputes Redressal Commission at Jaipur.

(2.) WE have heard the counsel for the parties. The counsel for the appellant -complainant vehemently argued that the OP -1 had not taken proper care of the child after delivery and at the time of discharge from hospital, despite presence of jaundice. The OP -hospital had inadequate infrastructure. No pediatrician was present during delivery. The mother was O -Negative, whereas the baby was B -Negative. Therefore, it was the case of ABO incompatibility. The OP failed to identify the intensity of jaundice which was more than 10 to 15 mg. OP did not perform Coomb's test. He further submitted that in full term babies, physiological jaundice appears between 32 to 72 hours. The maximum intensity will be seen on 4 day, in which bilirubin may go up to 15 mg/dl. He further submitted that On 21 -01 -1994 i.e. 5 day, after delivery, the baby suffered convulsions, baby was taken to OP -1, the very next day morning at about 5 to 6 A.M and the OP failed to diagnose the neonatal abnormalities, at the earlier stages. Thereafter, the child was admitted to SDM Hospital, but it refused to entertain the child, therefore, the child was shifted to J.K. Lon Hospital. The complainant produced expert evidence of Dr. S.N. Meena, Pediatrician.

(3.) THE rival arguments advanced by learned counsel, Ms. Kanika Agnihotri are that the complaint is barred by limitation as the same was filed after two years of the cause of action. She has brought to our attention that the patient was discharged on 21 -01 -1994, but the complaint was filed on 19 -12 -1996. There is delay of 333 days (11 months) in filing this complaint. She put reliance upon the judgment of this Commission in Priya Ramany v. Surendra Ugale, . Regarding date of discharge, she submitted that the patient was discharged on 20 -01 -1994 and not on 21 -01 -1994. It is further submitted that, the date of discharge as "21" was fabricated by the complainant. There was no expert evidence on record. The expert was not cross -examined by OP. Counsel brought to our attention about the observations made by State Commission that despite repeated opportunities, Dr. S.N. Meena was not produced for cross -examination. Accordingly, his evidence could not be relied upon. Thus, even otherwise, Dr. S.N. Meena incorrectly stated that jaundice was caused in this baby due to Rh incompatibility, but the mother and the baby, both were Rh negative. Hence, there was no chance of Rh incompatibility.