MUKESH JAIN Vs. K L ANAND

JUDGEMENT

(1.) -ON account of death of the wife of the complainant No. 1 during MRI scan the complainants have sought compensation of Rs. 10 lacs alleging medical negligence on the part of OP-doctor and hospital.

(2.) CASE of the complainants, in brief, is that on 3. 5. 2001 at 9. 00 a. m. Smt. Sudha Jain accompanied with her husband, reached the diagnostic centre of the opposite party (OP) and the OP charged Rs. 5,000 vide receipt No. 313 dated 3. 5. 2001 for conducting MRI and thereafter the complainant No. 1 was told that MRI will be conducted after 11. 00 a. m. since the OP was attending to some other patient. Thereafter the complainant accompanied with his wife left for home to come again at 11. 00 a. m.

(3.) AT about 10. 45 a. m. Smt. Sheela Jain was told by complainant who is also the brother-in-law of the complainant that since he had some work, she should take the deceased for MRI test at Dr. Anand's Research Centre, Preet Vihar who had told to come at 11. 00 a. . m. Accordingly she accompanied Smt. Sudha Jain to Dr. Anand's Research Centre and told that as instructed, we have come for MRI test and further informed that the money has already been deposited. Then they were told to take her inside where after lying on the machine Smt. Sudha Jain started feeling suffocation and it was told that she was to be anaesthesiased and for that Rs. 800 to Rs. 1,000 extra will be charged and accordingly extra amount was deposited. Further on inquiry by OP, Smt. Sheela Jain informed the OP that she had taken a light break-fast. On this the doctor attending her told that it hardly matters. Further she requested to stay there at the time of test, but they refused. Then she sat in the reception. After considerably long time she enquired about the deceased and was told that test was still going on. Then after sometime one lady Doctor came out and asked Smt. Sheela Jain whether the patient had taken some food or not to which she said that she had already told it earlier that the deceased had a light breakfast. Then the attending lady doctor told that the deceased had vomited and some food particles had gone in her lungs. Then Smt. Sheela Jain went inside where Dr. Anand told her that the deceased had to be shifted to Deepak Memorial Hospital. To this Smt. Sheela Jain objected and told Dr. Anand that she may accompany the patient and that he will inform the family members. When Smt. Sheela Jain sat with Smt. Sudha Jain in the van and touched the hands of Smt. Sudha Jain, she found that her entire body was cold and on further inquiry from the lady doctor accompanying, she told that the body is cold due to the A. C. and after that Smt. Sudha Jain was taken inside Deepak Memorial Hospital and thereafter Smt. Sheela Jain was not informed anything. On repeated questioning by Smt. Sheela Jain, she was informed that the patient has been taken in the I. C. U. up-stairs and she was stopped from going there and she was told that the doctors are looking after her and she could not go inside. After sometime family members had also arrived and then it was told that Smt. Sudha Jain has died. Hence this complaint.