HARJOT AHLUWALIA Vs. SPRING MEADOWS HOSPITAL

JUDGEMENT

(1.) HARJOT Ahluwalia, the complainant in this case is a minor aged about six years at present, having born on 11.9.1991. He has filed this complaint through his parents claiming compensation for grave physical and mental damage due to the deficiency in service/negligence on the part of the opposite party Nos. l and 3. The facts leading to this controversy involved may be summarised as under.

(2.) THE complainant is the only child of his parents having been born on 11.9.1991. On 21st December, 1993, the minor fell sick due to high fever. He was treated at Kailash Nursing Home at NOIDA till 24th December, 1993. As there was no substantial improvement, the minor was brought to M/s. Spring Meadows Hospital, East of Kailash, New Delhi opposite party No. 1 in this case on 24th of December, 1993 for treatment. The minor was examined by Dr. Promila Bhutani, Senior Consultant Paediatrician at the Hospital. On the advice of Dr. Bhutani, the minor was admitted as an in -patient on 27.12.1993 in the Hospital. On the basis of the Widal Test Dr. Bhutani came to the conclusion that the minor was suffering from typhoid. Dr. Bhutani told the parents of the minor that she had prescribed the necessary medicines for the treatment of the typhoid fever. On the same day i.e. 30.12.1993 at about 9.00 p.m. Miss Bina Mathews, the Nurse, opposite party No. 2, asked the father of the minor to bring medicine which was to be administered intravenously to the minor. She wrote down the name of the injection - Inj Lariago - to be purchased. The father of the minor purchased the medicine from "Spring Meadows Chemists" shop. At about 9.30 p.m. the Nurse administered by intravenous injection one Ampule of the said medicine to the minor who was at that time in the lap of his mother. Immediately upon administering the injection, the minor collapsed. According to the complaint, the injection was administered to the minor by the Nurse directly without first apply ing a Test Dose. Also, the first dose of any sensitive injections must be administered by a Doctor and not by a Nurse to guard against any adverse reaction that an individual may have to such injection. This precaution was very necessary for the treatment of the minor child. The minor's parents immediately called for help and within 5 to 7 minutes the Resident Doctor Dr. Dhananjay came to attend to the minor. At that time, the minor was totally motionless. Dr. Dhananjay told the parents of the complainant that the child had suffered cardiac arrest. Dr. Dhananjay started to manually pump the chest of the minor in a bid to revive his heartbeat. No oxygen cylinder was available for immediate use.

(3.) THE condition of the minor showed no improvement whatsoever and he was barely kept alive on the manual Ventilator, by which a certain respiratory rate was attempted to be maintained by physically pumping air into the lungs of the minor by some Doctor or qualified person sitting and manually pumping round the -clock. The minor was kept on the manual Ventilator from the time of his collapse on 30th December, 1993 till 2nd January, 1994. The minor's platelets count fell and on 1.1.1994 blood transfusion was required to be administered to the minor. As the condition of the minor showed no improvement. Dr. Anil Mehta suggested to the parents of the minor that the opposite party Hospital did not have the facilities required to manage the minor/ he should be shifted to an Intensive Care Unit equipped with an Auto Respirator/Ventilator, which the Hospital did not possess. With great difficulty, the parents of the minor were able to organise bedspace for the minor in the Paediatric Intensive Care Unit of the All India Institute of Medical Sciences (for short All MS) and the minor was shifted there around mid -night on 2nd/3rd January, 1994. The minor was thoroughly examined by the Doctors of the Paediatric Department. After the detailed examination by the Doctor of AIIMS, the parents of the minor were informed that the minor was extremely critical and even if the minor was to survive, chances were that he would live in a vegetative state since irreparable damage had been caused to his brain and there was no chance of revival of the damaged parts of the brain.