LAWS(NCD)-2007-2-58

SUSHMA SHARMA Vs. BOMBAY HOSPITAL

Decided On February 28, 2007
SUSHMA SHARMA Appellant
V/S
BOMBAY HOSPITAL Respondents

JUDGEMENT

(1.) THIS complaint is filed by Complainants Smt. Sushma Sharma, wife of the patient - Late Shri R.K. Sharma and their children, Smt. Anuradha Joshi, Sukant Sharma and Siddharth Sharma, (Complainant Nos. 2,3 & 4 respectively) before us on 6.2.1998 alleging medical negligence and deficiency in service on the part of the Bombay Hospital (opposite party No.1) Dr. H.K. Ayyer, Cardiologist, Bombay Hospital (opposite party No.2) and Dr. Meera, Registrar of the ICU (opposite party no.3), claiming compensation of Rs.22,26,762/- as per details given in para 12 of the complaint. Shri R.K. Sharma, aged 63, fell down from a bus while getting down and fractured neck femur (right hip joint) at about 9.30 on the night of 18.4.1996 and was immediately admitted in the Jagjeewan Ram Hospital (hereinafter referred to as JRH) in Mumbai on the same night. The record of the JRH shows that Shri Sharma was a known case of hypertension with ischemic heart disease with chronic renal failure with renal osicodystrophy with secondary hyper para thyrodism. The hospital record further shows that the patient was advised "Surgery with calculated risk" owing to his multi medical problems for which he was not willing. He therefore got himself discharged against medical advice on 27.4.1996 and got himself admitted in the Bombay Hospital on 27th for better treatment as it is a well known hospital with good specialists and latest medical equipment. Mr. Sharma was admitted for surgery of neck femur under the care of Dr. H.R. Jhunjhunwala, who is the Senior Consulting Orthopedic Surgeon at the Bombay Hospital. However, Dr. Jhunjhunwala has not been made a party to these proceedings. The said Dr. Jhunjhunwala referred the patient to Dr. K.H. Ayyer (O.P.No.2), a Consulting Cardiologist in the same hospital for evaluating the patient"s cardiac status on 27.4.1996. Dr. Ayyer accordingly examined and evaluated the patient as "Moderately high risk for surgery in view of the indefinite cardiac status and additional renal involvement." The patient was operated upon on 29.4.1996 at about 2.45 p.m. by Dr. Jhunjhunwala. After the operation the patient was shifted to the Intensive Care Unit at about 5.30 p.m. on 29.4.1996. Unfortunately, at around 12.40 p.m. on 2.5.1996, the patient expired due to cardiac arrest.

(2.) THE case of the Complainants as brought out in the complaint is essentially against Dr. K.H. Ayyer and against the management of the Bombay Hospital. The alleged medical negligence is on eight counts:

(3.) IN addition to the parties to the proceedings, Dr. P.C. Rishi, who is the brother of the Complainant No.1 and a Cardiologist Dr. Styavan Sharma, Consulting Cardiologist, Bombay Hospital and Dr. H.R. Jhunjhunwala, Orthopedic Surgeon, who carried out operation filed their affidavits and were cross-examined before Justice M.S, Rane (Retired), Mumbai, who was appointed as Local Commissioner. We have gone through the case record carefully and heard the arguments of the parties. It is seen that late Shri R.K. Sharma was admitted for Orthopedic Surgery on the neck femur, 11 days after the fracture, he was also suffering from multi diseases, especially ischemic heart disease and chronic renal failure. Mr. Sharma was admitted in the Bombay Hospital under the care of Dr. H.R. Jhunjhunwala, the Consulting Orthopedic Surgeon. Before undertaking the operation, Dr. Jhunjhunwala referred the patient to opposite party No.2 for evaluation of his cardiac status and to the Nephrologist Dr. S.P. Trivedi for renal status. The Anesthetist Dr. (Mrs.) Tailang, and Dr. Ayyer, O.P.No.2 examined the patient on 27th April, 1996 itself, clearly recorded evaluation as ""Moderately high risk for surgery in view of the indefinite cardiac status and additional renal involvement." Dr. Ayyer explained that cardiac tests like stress test and angiography could not be carried out because of the fracture of the thigh and hence the remark "Indefinite cardiac status". The serum sodium levels were admittedly low and Dr. Ayyer clearly opined that it would be better to wait till the sodium level improves.