SEEMA RANI Vs. ST STEPHEN HOSPITAL

JUDGEMENT

(1.) THE complainant has claimed a sum of Rs. 7,93,397 as compensation for the negligence of doctors of O. P. Hospital in performing open heart surgery resulting in further complications and need for second surgery.

(2.) ON the factual matrix the case of the complainant, who is a 35-year-old young lady, is that she developed some problems like vomiting, breathlessness and other complications on 18. 8. 1996 and was shown locally to various doctors as well in G. B. Pant Hospital and was finally referred to the O. P. Hospital, where after Ecocardiogram and Doppler study, the consultant Cardiologist Dr. B. B. Chanana, opined that CMV (Closed Mitral Valvotomy) be performed, i. e. , open mitral valve without opening the heart, as this procedure would be more effective and less expensive. On depositing Rs. 50,000 the complainant was operated upon but instead of carrying out close mitral valvotomy (CMV) the cardio-specialist of O. P. hospital resorted to open heart surgery and without repairing the mitral valve, just did a valvotomy which could have been done without opening the heart and repaired mild TR without repairing the mitral valve.

(3.) AFTER discharge when the complainant was taken back to her native place in Rajasthan, she again developed problems like vomiting, breathlessness, etc. On re-checkup and re-tests she was advised a second operation at the cost of Rs. 90,000 by Dr. J. M. S. Thomas of O. P. hospital. Since the complainant's husband is a man of moderate means and had exhausted his capacity of pay further, he consulted Dr. P. K. Goel, a private specialist and the complainant is undergoing treatment fighting all odds and suffering pain which could have been avoided, had the doctors O. P. in the first instance itself repaired both the valves. Even the doctors/cardiologists of AIIMS have re-confirmed the diagnosis that a second heart surgery is required immediately. Hence this complaint.