KAMLESH YADAV Vs. NATIONAL HEART INSTITUTE

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986, seeking compensation from the Opposite Parties for causing death of the patient due to medical negligence and deficiency of service.

(2.) The factual background, in brief, is that on 30/4/2015, Shri Rajendra was admitted to National Heart Institute, New Delhi/Opposite Party No. 1 with acute chest pain. After an angiography, they informed both the Complainant (wife of Shri Rajendra) and her brother-in-law that significant coronary blockage required immediate intervention. A coronary procedure was accordingly scheduled and performed on 4/5/2015 at approximately 2:30 p.m., but post-operative progress was poor. But instead of stabilising, the patient's condition worsened rapidly through the night. At 2:00 a.m. on 5/5/2015, frantic activity erupted in the Intensive-Care Unit, and the nursing staff telephoned Medical Superintendent/Opposite Party No. 2 and Dr. Vinod Sharma/Opposite Party No. 3 repeatedly, urging their immediate presence because the patient's vitals were crashing. The Complainant entered the ICU and found her husband in a markedly deteriorated state with no senior Doctor in attendance. An hour later, the Opposite Party No. 3 arrived and placed the patient on a ventilator. By that time, according to the Complainant, Shri Rajendra had already succumbed for want of prompt, expert resuscitation. A subsequent Post-Mortem placed the time of death at around 6:00 a.m. on 5/5/2015.

(3.) A PCR call (DD No. 33-A) was lodged the same day at P.S. Amar Colony by the Complainant's brother-in-law, alleging death from medical negligence. Under MLC No. 5987/2015 the body was transferred to AIIMS mortuary, where the Post-Mortem examination was performed. On 10/8/2015, the Deputy Commissioner of Police, South-East District, formally referred the matter to the Delhi Medical Council. The Council's Disciplinary Committee, after full a record review, delivered a detailed Order in December, 2016 noting that the angiography was unjustifiably deferred on the day of admission for a patient with acute inferior-wall Myocardial infarction; that the Angioplasty was again postponed until day four, that during PTCA on 4/5/2015 a proximal Right-Coronary-Artery dissec. occurred, necessitating stenting, while the distal RCA was left unopened; that the patient thereafter suffered Ventricular Tachycardia, required intubation, and finally developed Brady-arrhythmia and cardiac arrest culminating in his death at 06:25 a.m. On 5/5/2015, holding that Dr. Vinod Sharma had not exercised reasonable skill and care, the Committee issued him a warning and directed that he complete 15 hours of CME in Interventional Cardiology within six months. On 28/3/2017 the Complainant, through her Counsel, got issued a Legal Notice to all the Opposite Parties demanding Rs.5.50 crores in compensation. The Opposite Parties' reply denied liability and branded the allegations baseless. Meanwhile on 1/4/2017, P. S. Amar Colony registered FIR No. 0119/2017 under Sec. 304 - A of the Indian Penal Code against the Opposite Party No. 3. The case at the time of filing of the Complaint, was pending before the Court of Ms. Ankita Lal, Metropolitan Magistrate, Saket, where a Charge-Sheet dtd. 21/11/2017 had been filed, and the next hearing fixed for 13/4/2018.