KASHIRAM BHIMRAO KAMBLE Vs. UDAYA A PATIL

JUDGEMENT

(1.) The appellant Shri K. B. Kamble has preferred this appeal against the order of the District Forum, Sangli in Case No.1238/1994 rejecting his claim for compensation in respect of death of his wife Kasturi aged 45 years. The appellant has alleged that his wife was taken by fever and she was, therefore, admitted to the Hospital of the respondent No.2 Dr. P. R. Kulkarni. Dr. Kulkarni examined her and gave Ampicillin Tablets and Cosavil Tablets. He prescribed these tablets to be taken thrice in a day for two days. On 27.8.1994 in the evening, Kasturi again visited the opponent's Hospital. Initially, she was treated by Dr. Kulkarni on 28.8.1994 and as stated on the next day, she visited the Hospital of Dr. Kulkarni and complained about the same eye trouble. Dr. Kulkami referred her to respondent No.1 Dr. Uday A. Patil who is an eye-surgeon. Dr. Patil prescribed Kasturi some treatment. But on 28.8.1994, she developed some rashes on her face. and swelling on her eye-lids. Dr. Patil, therefore, told her to stop all medicines. She was admitted to the Hospital of the respondent No.2 Dr. Kulkarni for Stevan Johson Syndrom, in which the patient's skin gets peeled off (loss of skin ). Kasturi was in the Hospital of Dr. Kulkami upto 10.00 p. m. on 1.9.1994 and during this period, she was examined by Dr. Naik, Dermatologist. As the appellant felt that no proper treatment was given, he removed her to Wanless Hospital in the mid-night of 1.9.1994. She was in the Wanless Hospital for about 4 days and it is said that she died on 5.9.1994 at about 8.30 p. m. The cause of death was "septicemia" due to 75% skin loss due to drug reaction and this is known as Stevan Johson-Syndrom.

(2.) The complainant complained that both the respondents gave wrong treatment and that they administered anti-biotics without giving a test dose and this has caused the death of his wife on account of Stevan Johson Syndrom.

(3.) In this matter, we find that complainant and his wife have been the regular patients of Dr. Kulkarni and Dr. Kulkarni contended that during all the period running in about couple of years, he never saw or witnessed any allergy to anti- biotics in the case of Kasturi. Dr. Kulkarni, therefore, has no reason to suspect that ampicillin will cause her allergy.