PREM LATA & 2 ORS. W/O. LATE SH. RAKESH BHARTI, R/O. VILLAGE KORIYAWANGARH, P.O. USMAN CHAK, MASAURHI, PATNA, BIHAR Vs. DR. ARUN KUMAR SINHA & 2 ORS. DIRECTOR/OWNER OF RAJESHWAR HOSPITAL, R/O. A/130, BHAGAT NIWAS, HOUSING COLONY ROAD, KANKARBAGH, NEAR PANCH SHIV MANDIR, MAIN ROAD, KANKARBAGH, P.S.: KANKARBAGH, DISTRICT

JUDGEMENT

(1.) Brief facts relevant to decide this appeal are that the appellant/complainant Prem Lata's husband, Shri Rakesh Bharti (herein referred as 'the patient'), was given wrong medication i.e. Proton Pump Inhibitors (PPI group of medicines), by Dr. Arun Kumar Sinha, OP 1, Dr. Vijay Prakash, OP 2 and Dr. Sanjeev Kumar Thakur, OP 3, which led to drug induced Stevens - Johnson Syndrome (SJS) causing death by Toxic Epidermal Necrolysis (TEN). The chronology of events that, the patient was suffering from cold, headache and mild fever since 27.7.2010 till 2.8.2010. He took treatment from different doctors and lastly, as per advise of Dr. Thakur R.B. P.N. Singh, he was hospitalized at Rajeshwar Hospital, Patna on 2.8.2010 under care of Dr. Arun Kumar Sinha, OP 1. He remained indoor patient from 2.8.2010 to 9.8.2010. At the time of discharge, OP 1 prescribed RABETOSS -D, a medicine of PPI Group, which caused severe reaction to the patient. It was prescribed without proper care. On 10.8.2010, the patient approached OP 1 again but, there was no response to his treatment, then on 14.8.2010 he approached OP 2/Dr. Vijay Prakash at Bihar Institute of Gastroenterology, who advised to stop previous medicines. He remained under treatment of OP 2 and another visiting doctor, Dr. S. K. Thakur, OP 3. On 28.08.2010, OP 3/Dr. S.K. Thakur prescribed medicine Panto D again i.e. the medicine of same PPI group which caused further reaction. Therefore, it was the negligence as knowingly, the OPs 1 to 3 prescribed PPI group medicines. On 29.08.2010, the patient was discharged from Bihar Institute of Gastroenterology and advised to consult Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (SGPGI, Lucknow) for further management of Steven's Johnson Syndrome.

(2.) Thereafter, the patient took treatment in SGPGI, Lucknow wherein the patient was diagnosed as Steven's Johnson Syndrome and advised for hospitalization but due to paucity of bed, the patient could not get admitted at SGPGI, Lucknow. Therefore, he was again admitted in Bihar Institute of Gastroenterology under care of OP 2 on 31.8.2010. During the treatment, OP 2 again prescribed Pantodec 40 upto 3.9.2010, which caused adverse reaction. The patient developed fresh erythematous spots on other parts of the body. On 3.9.2010, Dr.Sudhanshu Singh stopped the medicine Pantodec-40. The redness went on increasing and exfoliative lesion started developing from 6.9.2010. Thereafter, Dr. Vijay Prakash/OP1 and OP 3/Dr. S. K. Thakur stopped entertaining the patient and pressurised him to vacate the bed immediately. In the meanwhile, from 7.9.2010 to 13.9.2010 the patient was not attended by any doctor, but the compounder and nursing staff of the hospital were looking after the patient. Thereafter, the patient was taken to Shri Ram Hospital Patna on 13.9.2010 where he survived till 20.9.2010. Therefore the complainant alleged that her husband/patient died ultimately due to negligence in the treatment of opposite parties/doctors, not given proper medicines but the medicines which got reaction were administered. The complainant incurred lot of expenses and suffered mental agony. Therefore, the complainant filed a complaint before Bihar State Consumer Disputes Redressal Commission, Patna and prayed for compensation of Rs. 50 lakhs against the opposite parties.

(3.) The State Commission after hearing the parties dismissed the complaint. Therefore, aggrieved by the impugned order of the State Commission, this first appeal was filed by the complainant under Sec. 19 of the Consumer Protection Act, 1986.