GEETA RANI KAKKAR Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Both these revision petitions arise out of singe order of State Commission; hence, decided by common order.

(2.) Revision Petition No. 4377 of 2012 has been filed by the complainant and Revision Petition No. 4905 of 2012 has been filed by OP against order dated 9.8.2012 passed by the State Consumer Disputes Redressal Commission (in short, 'the State Commission') in Appeal No. 195 of 2011 Geeta Rani Kakkar & 2 Ors. v. Chandigarh Admn. & Ors. and Revision Petition No. 4905 of 2012 has been filed by OP against aforesaid order passed in Appeal No. 257 of 2011 Govt. Medical College & Hospital v. Geeta Rani Kakkar & Ors. by which, appeals of both the parties were dismissed.

(3.) Brief facts of the case are that Complainant No.1 and 3 had got their son namely Hitender Kakkar admitted, in the Hospital of Opposite Party No.2 vide C.R. No. 081009131, on 26.10.2008 with history of flame burns due to fire cracker, on being referred by Pawan Goel Hospital at Kurukshetra. It was stated that initially, he was admitted in the Emergency Ward and, later on, was shifted to Burns Ward. He was allotted Bed No.1. It was further stated that his condition was gradually improving and his burn wounds had started healing. It was further stated that on 7.11.2008 at 2 A.M., Bed No.1 was allotted to another critically burnt patient namely Parveen Kumar with 80% burns and Hitender Kakkar was shifted to Bed No.8 in Room No.5, which was very uncomfortable. The room was very untidy and unhygienic, to which the attendants of Hitender Kakkar objected to, but of no avail. It was further stated that in the early morning of 7.11.2008, the said Parveen Kumar died and Hitender Kakkar was again re-shifted to Bed No.1 at about 7:30 a.m, on the same day. It was further stated that before re-allotting Bed No.1 to Hittender Kakkar, it was neither sterilized nor disinfected, due to which his condition all of a sudden started deteriorating. The doctors in their last ditch effort tried to handle the same, but failed to do so and ultimately, Hitender Kakkar died at 10.00 P.M. on 7.11.2008. It was further stated that the patient namely Hitender Kakkar contacted infection, due to the negligence of the hospital staff and callous attitude of the doctors. Further, the hospital staff, in order to cover up their folly, manipulated the records and in the post mortem report recorded that the cause of death was septicaemia consequent upon burn injury. It was further stated that Opposite Party No.2, its concerned doctors and the staff were guilty of medical negligence. Alleging deficiency on the part of OPs, complainants filed complaint before District Forum. OPs resisted complaint and submitted that patient-Hitender Kakkar had sustained approx. 50% burns (IInd and IIIrd degrees) involving neck, chest, both upper limbs and face. It was further stated that the Patient was immediately attended and after initial resuscitation and management, he was shifted from the Emergency Ward to Bed No.1 in the Burn Unit. It was further stated that the patient was treated with utmost care and attention, and was also given due standard treatment, as per the established protocol, while attending to such cases. It was further stated that on 7.11.2008 at around 2 A.M., one patient namely Parveen Kumar, came, in the Burn Unit, with 80% burns and was critically ill. In view of the aforesaid emergency, Sh. Hitender Kakkar was shifted to Bed No.8, in the same unit. However, the same was opposed by the attendants of the patient. It was further stated that the said Parveen Kumar died on same day at around 7 A.M. and Hitender Kakkar was again re-shifted to Bed No.1 on 7.11.2008. It was further stated that all the beds were regularly carbolized and all possible measures were taken to ensure utmost hygienic conditions. It was further stated that, as per the record till 6.11.2008, the condition of the patient was stable. However, on 7.11.2008 at around 4 PM, when Dr. Uma conducted his check up and reported respiratory distress and complaint of pain in right. Chest. ECG was instructed, which was done. It was further stated that the condition of the patient deteriorated on 7.11.2008, and due to septicaemia, which was on account of the presence of multiple pus pockets, in both lungs and both kidneys, consequent cardiac arrest occurred, which was the cause of his demise. Denying any deficiency on their part, prayed for dismissal of complaint. OP No. 3 wife of deceased was proceeded ex-parte. Learned District after hearing both the parties allowed complaint and directed OP No. 1 & 2 to pay Rs. 8,00,000/- as compensation to the complainants along with Rs.10,000/- as cost of litigation. Appeals filed by both the parties were dismissed by learned State Commission vide impugned order against which, these revision petitions have been filed along with application for condonation of delay in R.P. No. 4905 of 2012.