GOURI SHANKAR PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) -The State Consumer Disputes Redressal Commission, Orissa dismissed the complaint on preliminary objection that the complainant appellant a Central Government Employee working in the State of Orissa was not a consumer in respect of treatment of his daughter in a Capital Hospital run by the State of Orissa, for medical services were rendered free of charge in the hospital, and as such, it would not be covered under sub-para 10 of para 55 of judgment in Indian Medical Association v. V.P. Shantha, III (1995) CPJ 1 (SC)=I (1996) CLT 81 (SC)=1995 (6) SCC 651. Feeling aggrieved by the order, the complainant has filed the present appeal.

(2.) It is alleged by the complainant that on 2.7.1992, Abhilasha the daughter of the complainant was perfectly normal in the morning hours and was watching T.V. Around 3 o'clock she suddenly developed some pain in her stomach manifested in the form of vomiting and loose motions. The complainant's son Dr. S.S. Padhi a doctor, administered preliminary symptomatic treatment, by giving medicines to her to stop lose motion and vomiting and the same was followed by intravenous glucose saline. It is also alleged that thereafter at about 5.30 p.m. Dr. G.C. Nayak, the Medicine Specialist of Capital Hospital was contacted by the complainant's son Dr. S.S. Padhi and one Shri Anand Chandra Mishra, Lecturer in Botany, who was residing nearby and further treatment to Abhilasha was given around 6 p.m. as was advised by Dr. G.C. Nayak. The treatment as suggested by Dr. Nayak improved the condition of the patient. The vomiting was stopped by 8 p.m. and lose motion had stopped at about 7.30 p.m. Dr. Nayak visited the patient around 8 p.m. and remained with the patient for about an hour. Thereafter Dr. Nayak advised for shifting the patient to the Capital Hospital for further treatment and to continue administration of necessary fluids such as glucose saline and potassium solution, etc. The patient was accordingly taken to the Capital Hospital and reached the Casualty OPD by about 9.45 p.m. It is alleged that at that time the patient was fully conscious and was able to talk normally and intelligently. Dr. Amiya Kumar Mishra, respondent No. 3, the doctor on duty in the Casualty, enquired and ascertained the ailment of the patient from Dr. S. S. Padhi who persuaded Dr. Mishra to give glucose saline and potassium drips as well as mephentine immediately as dehydration had ensued and blood pressure had fallen very low. But the OP No. 3, Dr. Mishra refused to accept the aforesaid suggestions and behaved roughly with Dr. S.S. Padhi and expressed his annoyance saying that he was not to follow the advice of other doctors. Thereafter, the patient developed breathlessness and Dr. S.S. Padhi then suggested for administration of oxygen and Dr. Mishra simply ignored such instruction. Dr. Mishra for the first time then checked the blood pressure of the patient at 10.20 p.m. and found that the blood pressure was 60/40 and the pulse rate was 90. According to the complainants the symptoms showed the serious condition of the patient and urgent necessity for immediate treatment. But Dr. Mishra merely noted down the line of treatment to be given but did not give any treatment to increase the blood pressure and to stabilise the patient which according to the complainants was necessary at that stage. Instead Dr. Mishra, the respondent No. 3 directed to send the patient to the Infectious Diseases Ward (Cholera Ward) where there was no facility for immediate treatment and which was situated at a distance of km. away almost at the other end of the hospital. According to the complainants, there was no necessity for sending the patient to the Infectious Diseases Ward and she should have been treated either in the Casualty or Medicine Ward. It is alleged that delay in administering treatment and callousness of OP No. 3 in giving the proper treatment to the patient at that stage was the reason for the unfortunate death of the daughter of the complainants. The complainants have alleged that the Cholera Ward was very unhygienic and there was want of proper ventilation too. On arrival at the Cholera Ward the companions of the patient requested the nursing staff on duty to immediately give oxygen to the patient but they refused to do so saying that they shall wait for the doctor to come. Saline drip was however attempted to be given but did not succeed because of poor light inside the ward. The patient was then brought to another place in the ward and the saline drip was given there. She was not given oxygen and potassium fluid by the doctor on duty in Cholera Ward.

(3.) At about 11.10 p.m. Dr. Suchitra Das, the respondent No. 4 came and on examination noted that pulse was not felt, B.P. was not recordable and the patient had tachycardia and distension in the abdomen. She prescribed a fresh set of medicines without caring to see the medicines that had already been prescribed by the previous doctors. Dr. Suchitra Das then sent for the Medicine Specialist and administered decadron injection (not reflected in the Bed Head Ticket). Thereafter she immediately left the place even without waiting for the Medicine Specialist to reach there. She did not agree to give oxygen though the patient was having breathing difficulty. The condition of the patient was not fit for administration of decadron given at that stage without first stabilising the condition of the patient by giving necessary fluids such as saline, potassium, glucose, etc. They have also alleged that sufficient fluid could have been introduced to the body of the patient by venefication and by further improved techniques. But nothing was done. Dr. R.N. Mishra, the Medicine Specialist arrived at about 11.30 p.m. a few minutes after the departure of Dr. Suchitra Das, the respondent No. 4 examined the case. But by then as recorded by him the pulse had lapsed, the heart beat had stopped and the pupils dilated and the respiration had stopped. He administered oxygen and started cardiac message but the patient did not revive. In another ten minutes time the patient was declared dead by Dr. R.N. Mishra at about 1 1.40 p.m. This led to the filing of the complaint.