DR. S.S. GHOSH & ANR. S/O LATE SANATAN GHOSH, NANDAN CLINIC JORAPHATAK ROAD DHANBAD JHARKHAND Vs. SAHADEO PRASAD ANJANA @ SAHADEO BHUIYA S/O LATE DOMAN BHUIYA, R/O QUARTER NO

JUDGEMENT

(1.) These revision petitions have been filed by the petitioners against the order dated 29.07.2011 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (in short, 'the State Commission') in Appeal No. 493 of 2008 Dr. S.S. Ghosh & Anr. Vs. Sahadeo Prasad and Appeal No. 497 of 2008 - Sahdeo Prasad Vs. Dr. S.S. Ghosh & Anr. by which, appeal of OP was dismissed and appeal of complainant was allowed.

(2.) Brief facts of the case are that Complainant/respondent got his daughter Rajni Srinath Manijhi admitted in Nandan Clinic of OP No. 2/Petitioner No.1 on 15.1.2005. Rajni Srinath Manjhi expecting her 2nd child was under the care of Dr. Nilima Ghosh (Hazra)/OP No. 1/ Petitioner No. 1 from 6th month of her pregnancy. She was brought to Nandan Clinic with pain in abdomen in the evening of 15th Jan. 2005 to be admitted for delivery of the child. However, by late evening Doctor Smt. Ghosh found that the patient was having obstructed labour pain resulting in foatel distress. She decided for caesarean delivery. As per the doctor, the consent was given only when the condition of the mother deteriorated. Admittedly, by 8.57 p.m., a healthy female child was taken out after successful L.C.S. at the clinic in presence of Dr. U.N. Verma. The crisis having been managed Rajni with her child was kept under treatment at Nandan Clinic of the OP Dr. Ghose. However, the patient developed haemolylic problems by evening of 16th June 2005 during transfusion of blood. As per the OP she developed renal failure symptoms with urine output decreasing. An expert Dr. U.N. Verma examined the patient and found she developed circulatory failure and suppressed renal output in spite of non-presence of sepsis, abdomen infection, water etc. She was advised on 17.1.05 to be shifted to OM Sai Hospital, Bokaro along with detailed treatment summary of the patient. The complainant's daughter remained there till 19th Jan. when she was advised to be shifted to Apollo Hospital Ranchi for better management of ARF septecemice, post C.S. (Haemolyticeal urenic syndrome). She remained under treatment at Apollo for fifteen days where she was operated again but could not recover. She breathed her last at 3.30 P.M. on 3rd Feb., 2005. Alleging, deficiency on the part of OPs, complainant filed complaint before District Forum. OP resisted complaint and admitted that complainant's daughter was admitted in their hospital on 15.1.2005 with a complaint of having pain in abdomen, accordingly she was admitted in the clinic things were observed normal but the patient developed features of labour pain and fetal distress which was duly informed to the attendant and thereby asked for consent for operation but the attendant although insisted for normal delivery and the consent for operation was accorded after when the condition of the patient deteriorated and in the meantime patient developed edematous congested CX edematous, cystoceles, thick meconium. The pros and cons of the caesarean operation was explained to the attendant and then after successful operation a female baby was taken out at 8.57 p.m. on the same day. The patient was anemic and had tissue edema. For better recovery in post-operative period, one unit of Blood was asked to arrange and accordingly the same was brought by them and during the Blood transfusion there was no complication, no untoward effect noted by after transfusion of Blood, there was fall of Blood pressure and increased pulse rate and no evidence of bleeding from any part of body was noted but watching the condition of the patient one more unit of Blood was asked to arrange and accordingly the same was arranged by them around 9 A.M. Blood report from Blood taken in the morning revealed that patient had hemolytic crisis as the patient's renal output became less as such possibility of renal shut down considered and the same was given to understand their and awaring of the said facts the Guardian wanted to take the patient at Higher Centre, accordingly at their wish necessary arrangements were made for shifting the patient at Om Sai Hospital, Bokaro and a per records of OM Sai Hospital it transpires the patient was kept at Bokaro for two days but no records were submitted that the patient had cropped up many disease by 19th Jan., 2005. However, records of Abdul Razzak Hospital transpires that the patient had renal shut down following hemolytic crisis as mentioned in the case summary. Denying any deficiency on their part, prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OPs to pay compensation of Rs.20,000.00 and medical expenses Rs.10,000.00 and cost of litigation of Rs.5,000.00. Both the parties filed appeal before State Commission and learned State Commission vide impugned order dismissed appeal No. 493 of 2008 filed by OP and allowed Appeal No. 497 of 2008 filed by complainant and compensation was enhanced to Rs.50,000.00 and medical expenses were enhanced to Rs.50,000.00 and Rs.2,00,000.00 awarded for deficiency against which, these revision petitions have been filed.

(3.) Heard learned Counsel for the parties and perused record.