SANJAY GANDHI POST GRADUATE INSTITUTE OF MEDICAL SCIENCES, LUCKNOW UTTAR PRADESH Vs. SITA RAM SRIVASTAVA, KANPUR UTTAR PRADESH

JUDGEMENT

(1.) "It is important when administering any potentially harmful medication that contraindications have been reviewed and don't exist. Therefore, a Hospital that fails to follow, or has an employee breach, the recommended standards of care set out by the drug formulation faces increased chances for being held liable by a court. The patient, who suffered has the greatest chance of succeeding on a claim for negligence".

(2.) The brief facts relevant to dispose of these appeals are that the complainant, Shri Sitaram Srivastava's wife, Smt. Krishna Devi, since deceased, (herein after referred as the patient) suffering from vitiligo skin disease, approached Dr. S.C. Aggarwal, a Skin specialist of Kanpur in January, 1998. Dr. Aggarwal treated her by drug 'Levamisole 150 mg'. It is alleged that said drug was not meant for treatment of Vitiligo and over dose of said medicine developed nausea, vomiting, pain in abdomen etc. The patient discontinued the treatment on 18.1998. On 21.1998, the patient consulted Dr. A.K. Trivedi, M. D. (Medicine), D.M. (Cardiology), Heart Specialist, who opined that administration of Levamisole was very wrong prescription. He referred the patient to Dr. R.N. Dwivedi, Senior Physician and Professor of Medicines, G.S.V.M., Medical College, Kanpur. On 25.1998, Dr. R.N. Dwivedi suggested immediate shifting of said patient to Sanjay Gandhi Post Graduate Medical Sciences, Lucknow (hereinafter referred as 'SGPGI'). Accordingly, the patient was admitted on 27.1998 in the morning and continued with the treatment till 8.3.1998. It is alleged that on 8.3.1998, patient was given 'Vencomycin injection' in a single bolus dose without any IV drip. It instantaneously caused the death of the patient within 10 minutes. 'Vencomycin' injection should have been administered slowly through the drip intravenously for more than one hour through the Burette Set. The patient was collapsed. The nurse, who administered the said injection, did not tell the reason of patient's collapse. By the time, medical officer approached the patient, the patient succumbed to death. The complainant filed a complaint before U.P. State Commission, Lucknow for the alleged medical negligence causing death of his wife.

(3.) After considering the pleadings and evidence, the State Commission allowed the complaint and granted compensation of Rs.15,65,000/- to be paid by OP within two months, failing which, it shall be liable to pay interest @ 10% per annum from the date of order till its realization.