SANTOKBA DURLABHJI MEMORIAL HOSPITAL & ANR THROUGH ITS CHAIRMAN Vs. VINOD JAIN S/O LATE MURARI LAL JAIN

JUDGEMENT

(1.) First Appeal No. 893 of 2016 filed by the appellant-non-complainants challenges the order dated 11.5.2016 passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (State Commission) in Consumer Complaint No. 76 of 2013.

(2.) Bare facts relevant for disposal of this appeal are as follows.

(3.) The respondent/complainant-Sri Vinod Jain admitted his wife, late Smt. Sudha Jain, (a retired Associate Professor and head of the Department of Chemistry, drawing a pension of Rs. 33,433 at the time of her death), in Santokba Durlabhji Memorial Hospital, Bhawani Singh Road, Jaipur (SDMH) on 15.10.2011 under the care of Dr.G.R.Singhvi for 'chills and fever' and for 'reinserting her nasal feed tube which had been dislodged due to severe dysphasia'. She was a known case of Ca (colon), Ca (breast) and Ca (esophagus) with a history of HTN (Hypertension) and Type 2 DM (Diabetes Mellitus). The nasal feed tube was inserted the same day, and certain tests such as CBC, blood culture and urine carried out. The CBC report received 15.10.2011 evening showed W.B.C. count of 15050 indicative of infection. Her fever was 104 F. Antibiotic (Injection Magnex 1.5 mg) was administered at night and the next morning intravenously. The cannula used for IV then stopped functioning. Dr G.K Singhvi directed further antibiotics (Tablet Polypod Cefpodoxine) orally through the nasal tube. Thereafter, the complainant's wife was kept under observation till her discharge from the hospital on 18.10.2011. The CBC test at this time showed WBC count at 16500. She was advised to continue the prescribed medicines for five days which she reportedly did. However, on 24.10.2011 she went into a coma, and was taken to the nearest Heart and General Hospital where she was put on a ventilator. The CBC report showed WBC count at 21,000 and her systolic BP was only 40. On 29.10.2011, she was referred to Fortis Escort Hospital where she finally succumbed on 31.10.2011.