VIMLA RANA, W/O HIRA SINGH RANA Vs. MAHESH HOSPITAL & ANR ; MAHESH AGGARWAL; UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The daughter of the complainant was admitted to opposite party No. 1 Mahesh Hospital on 27.6.2012 in a very critical condition with complaint of severe abdominal pain for last six days and nausea and vomiting for two days. At the time of admission, her BP was not recordable and she was shivering. Before taking her to the Mahesh Hospital, the complainant had taken her for an ultrasound test at Suvidha Diagnostic Centre, which had found a well-defined Heterogenous Adnexal mass of 60x47 cm in the right Adnexa. She was admitted in emergency and exploratory laparotomy was performed on her at 12.00 noon. As per the finding in the procedure, she was suffering from miliary Tuberculosis all over her intestine with plastic adhesions and multiple perforations in the intestine. She was discharged from Mahesh Hospital on 28.6.2012 and was admitted to LNJP hospital. She died in LNJP hospital on 14.7.2012. Alleging medical negligence in the treatment of her daughter, the complainant is before this Commission seeking compensation quantified at Rs. 1.00 crore. It is inter-ala alleged in the complaint that the relative of the complainant had objected to the opening of the stomach of the deceased without conducting proper medical test and ultrasound. It is also alleged that ICU and ventilator facility was not available in the hospital nor was there proper light in the operation theatre. It is also alleged that the hospital did not have proper nursing staff and ward boys.

(2.) The complaint has been resisted by the opposite party No. 1 Mahesh Hospital and opposite party No. 2 Dr. Mahesh Aggarwal who have alleged that Mahesh Hospital is a well-equipped modern center, duly registered with Directorate of Health Services and opposite party No. 2 Dr. Mahesh Aggarwal is a qualified and experienced Surgeon, practising for the last 32 years. It is alleged in written version filed by the aforesaid opposite parties that when the daughter of the complainant was brought to the hospital her pulse was not palpable and her BP was not recordable. Generalized tenderness with rigidity and guarding was present all over the abdomen and she was diagnosed as a case of Peritonitis with Septic Shock Infection and pus in abdominal cavity with widespread toxins/poison in the blood. It is pointed out in the reply that her ultrasound had shown a right side Heterogenous Adnexal Mass measuring 60 x 47 mm, probably an Ovarian Cyst. After explaining her condition to her mother, the family members were asked to whether they would like to take her to a higher center such as LNJP hospital. Considering the condition of the patient, they decided to admit her in Mahesh Hospital. She was operated and Exploratory Laparotomy was done which revealed extensive miliary tuberculosis in the intestine with multiple perforations and faecal peritonitis. All perforations were closed and thereafter the abdomen was closed in layers after leaving the drain. The patient was thereafter conscious, and oriented. Her uncle was thereafter told that she might require referral and dialysis but the family decided to wait till morning. The patient was then transferred to LNJP hospital. It is also pointed out that as per the documents of LNJP hospital, the patient was not well for last 3-4 months and had abdominal pains, besides fever and loss of weight. It is also stated in the written version filed by the opposite parties that the complainant had made a complaint against them to Delhi Medical Council which referred to matter to its Ethics Committee. The Medical Council, vide its order dated 31.5.2013, held that prima-facie no case of negligence was made out on the part of the Doctor Mahesh Aggarwal in the treatment administered to the daughter of the complainant at Mahesh Hospital. Being aggrieved from the order passed by the Delhi Medical Council, the complainant approached the Medical Council of India by way of an appeal. The said appeal was also dismissed.

(3.) The complainant has examined, as his witnesses two Doctors of LNJP hospital. In his statement Dr. Pammi Chawdhry, simply proved the MLC of the deceased and did not say a word about the alleged negligence of the opposite parties. The other witness is Dr. Pawanindra Lal.