KUMARI SHIVANI SINGH Vs. ASHWINI GOKHALE

JUDGEMENT

(1.) Alleging medical negligence in administering liquid Gramoneg (Nalidixic Acid) and thereby causing loss of vision of both the eyes of the infant child Shivani, the appellant Shivani filed a complaint claiming compensation of Rs. 11,45,551 in all. The complaint was dismissed. Feeling aggrieved by the order of the Maharashtra State Commission, the present appeal has been filed.

(2.) The case of the complainant/appellant is that her mother Mrs. Manisha Singh was under treatment of the Gynecologist Dr. Mrs. Ashwani Gokhale. On 17.5.1994 at 5.15, she gave birth to the appellant. It was normal delivery. The newly born child Kr. Shivani Singh had some loose motion due to abdominal infection on 20.5.1994. The complication arose due to frequency of 7 to 8 loose motions passed by Shivani Singh. On the same day since Shivani's stool had a watery greenish tinge and a foul smell, Dr. Mrs. Ashwani Gokhale suspected that Shivani's loose motions might not only be due to transitional diarrhoea but the same might be due to bacillary infection. She tried to consult Dr. Nisha Munshi on telephone around 6.00 p.m. but she was not available. Hence, had given Shivani teaspoonful of Walamycine liquid at 7.00 p.m. At the same time, Dr. Ashwani Gokhale had given a prescription of liquid Gramoneg to her. As was advised, they bought liquid Gramoneg (chemically known as Nalidixic Acid). Dr. Ashwani Gokhale administered half teaspoonful Gramoneg to the child, leading to the loss of vision. On 21.5.1994 the appellant was shifted to and admitted in Gokhale Hospital where she was cured but later on it was alleged that the appellant suffered due to the alleged dose of Gramoneg (Nalidixic Acid). It resulted into R.O.P. Grade-V. Dr. Kolte certified prima facie Persistent Hyperplasis Primary Vitreous (P.H.P.V.) was ruled out and it is claimed that the appellant became visually disabled due to negligence in administering the said dose of Gramoneg. The complainant accordingly filed a complaint claiming compensation including total expenditure of treatment of loss of the salary by both the parents, requiring expenditure of maintenance and expenditure required for equipments for learning brail for the complainant which is totalled to Rs.11,45,551.

(3.) Dr. (Mrs.) Ashwani Gokhale denied all the allegations stating there was no evidence to point out deficiency in rendering medical service. The patient was never administered liquid Gramoneg. She did prescribe medicine but made it clear that the medicine was to be given only after consultation with Dr. Nisha Munshi. In order to control diarrhoea, she had administered Walamycin which was already available in the hospital. The parents of the complainant though brought liquid Gramoneg. After reading the literature of Gramoneg that the medicine was contraindicative to be given to a baby below three months and the said medicine could not be given. She then consulted Dr. Nisha Munshi who advised Walamycin. The blindness of the patient was due to some reason like persistence congenital disorder like "Persistence and Hyper Plasia of Embryonic Introculer Vascalature" (P.H.P.V.). This reason was often discovered only after few weeks for the child could not fix its vision.