DR. ALANKAR LAXMAN KHANVILKAR R/O. AT BUILDING NO. 197, ROOM NO. 7748, VAINATAYE CO Vs. L.H. HIRANANDANI HOSPITAL AND 4 ORS. HILLSIDE AVENUE, HIRANANDANI GARDENS, POWAI, MUMBAI

JUDGEMENT

(1.) Dr. Alankar Laxman Khanvilar, the complainant, took his mother, namely, Smt. Shobha L. Khanwilkar, aged about 61 years ( herein after referred as 'patient') for treatment of fever and chills to opposite party No. 1/Dr. L. H. Hiranandani Hospital on 16.12.2006. The patient was kept in the ICU, carried out number of investigations and the result of all such tests found normal after USG and CT Scan of Abdomen. It was found that the stent which was placed in the common bile duct previously was blocked and infected.

(2.) On 20.12.2006, the doctor replaced the old stent with a new one. The patient was stable and kept in the ICU upto 29.12.2006. The patient was shifted from ICU to ward despite having fever on 29.12.006 at about 2.00 p.m. The OP assured that the patient was well and the patient can be managed in the Special Room. OP 2/Dr. Shalini Suralkar came for the evening round. The fever was same. On 30.12.2006, the saturated oxygen ( O 2 ) level of the patient was normal at about 2.00 a.m. The saturated oxygen level started falling down, which was noticed by the complainant to 90, therefore, the patient's condition started worsening. It was immediately informed to OP 5, Mr. Polsy Joshi to call OP 2 but no one attended the patient after 2.00 a.m. Further, on 4.00 a.m., O 2 saturation level fell down to 83 % and then her condition became extremely critical. Same was informed to OP 3 through OP 5 telephonically.

(3.) At 4.10 a.m. without examining the patient, OP 3 advised the opposite OP 5 to give her the injection 'Akenil to reduce the fever. The complainant immediately brought this matter to opposite party No. 5 and asked to shift the patient to ICU immediately to save her life. At 5.59 a.m., OP 2 shifted the patient to ICU and put on ventilator. At about 6.00 a.m., OP 3/Dr. Megha Mane came to the patients' room. However, she was not aware of how to auscultate. Lastly, the patient was shifted to ICU in a rash and negligent manner. Unfortunately, the patient died at about 6.45 a.m. The opposite parties in connivance with each other created false entries of treatment of suit their purpose. Therefore, the complainant lodged a police report. Also, alleging negligence, the complainant filed a complaint before the State Commission, Maharashtra praying compensation of Rs. 88,71,411.00.