RAJENDRA SHARMACOMPLAINANT Vs. ESI HOSPITAL

JUDGEMENT

(1.) This is a case where a young man died at the age of 23 years while undergoing a minor surgery for removal of cyst on his neck, due to sheer negligence of the doctor.

(2.) The complainant has filed this complaint for a direction to the opposite parties (for short, "O.Ps.") to pay compensation of Rs. 15,00,000 alleging "Deficiency in service" against the O.Ps.

(3.) The complainant is the brother of one Radhe Shyam Sharma (for short, "Patient"), who was working in Karnataka Plastic Company, Byatarayanapura, Bangalore, as a Machine Operator. The patient was aged about 23 years as on the date of his death. The patient had pain on the right side of his neck due to cyst. On this complaint the patient went to Employees State Insurance Dispensary (for short, "ESI Dispensary"), Mysore Road, Bangalore. On 7.6.1998, the doctor in the said ESI Dispensary diagnosed the disease as "Cervical Sinus" and referred the patient to ESI Dispensary, Rajajinagar, Bangalore, for further investigation and treatment. One Dr. G. Ramachandraiah admitted the patient as an out-patient on 9.6.1998 and subjected him to various tests. On the basis of the results of the tests, the doctor diagnosed the disease as "Bronchial Sinus Right Side" and advised the patient to undergo "Excision" and admitted him as an in-patient at ESI Dispnensary, Rajajinagar, on 8.7.1998. Thereafter, the patient was referred to a physician on 10.7.1998 to get his opinion regarding fitness for surgery. The physician on examination certified that the patient was fit for surgery. The patient gave his consent for surgery on 11.7.1998 and the date of surgery was fixed as 13.7.1998. On 13.7.1998 the patient was taken to Operation Theatre from the Ward at 9.00 a.m. and brought back dead at 12.30 p.m. When the complainant came to know about the death of the patient, he wanted to know the cause for the death of the patient. But after a lapse of many hours, one of the Doctors told the complainant that the patient died after the operation when he was put on recovery table. The Doctor who operated the patient was panicked at that time.