S C LAHRI Vs. PAWAN KUMAR & ANR

JUDGEMENT

(1.) AGGRIEVED and dissatisfied by the order of the Maharashtra State Consumer Disputes Redressal Commission dated 2.11.2001, the complainant has filed this appeal before us. The operative portion of the State Commission's order reads as follows:

(2.) THE complainant is a qualified surgeon holding degree of Master of General Surgery and Post -graduate training in Endoscopic Surgery and Physical Medicine/Rehabilitation. From 3.12.1984 complainant due to Bhopal Gas Tragedy had been living on medicines for his asthma which was well -controlled. On 6.4.1995 when the complainant was at Bombay he had severe pain in chest and was shown to Dr. F.G. Udwadia at Breach Candy Hospital where he was diagnosed as a case of Ischaemic, heart disease and was on medical treatment for about two months. On 8.6.1995 he consulted Dr. G.B. Parulkar who got angiography done at Cumballa Hospital and was diagnosed as having coronary arterial obstructive disease having 50% to 90% stenosis of the coronary arteries. On 13.6.1995 he met Dr.Anil Sharma in his chamber when Dr. Pawan Kumar came and told about his credentials in performing heart surgery. He was admitted to Hinduja Hospital on 7.7.1995 after depositing prescribed amount of Rs. 85,000. On 10.7.1995 Dr. Pawan Kumar performed surgery and he was brought back to the ward from intensive therapy on the fourth day. The patient suffered severe pain in the chest and fever from 15th to 17th July, 1995 but Dr. Pawan Kumar did not attend and asked his assistants to refer him to Cardio -physician Dr. Anil Sharma. Inspite of all these symptoms he was discharged from the hospital in the early morning of 18th July. On 18th July complainant had severe pain in chest in night and he was brought back to the hospital on 19th July. ECG taken on 24th July, 1995 at Singhvi Hospital was abnormal but Dr. Pawan Kumar chose to disregard the same saying that these were not significant.

(3.) COMPLAINANT left for Bhopal for rest and more comfortable surroundings as recommended by Dr. Pawan Kumar on 22nd August, 1995. His symptoms of pain in the jaw and choking sensation continued. Dr. Pawan Kumar to exploit the good name and reputation of the complainant insisted that a press conference be held at Bhopal regarding the success of the said bypass surgery. He issued press notes about his unique feat in performing bypass surgery with a new technique on a beating heart, claiming that it was the first time such a surgery had been done in India. On 3rd October, 1995 when the pain became severe at 6.00 a.m. the complainant was examined by Dr. I.M. Jain, an eminent cardiologist at Bhopal at the residence of the complainant who confirmed that the pain was due to angina and suggested that he should be seen by the surgeon who had operated him. Dr. Jain on his own telephoned Dr. Pawan Kumar who advised the complainant to continue to stay at Bhopal. Dr. P.C. Manoria another eminent cardiologist from Bhopal who examined and confirmed that the pain was due to angina and advised him to go to Dr. Pawan Kumar for fresh evaluation of his cardiac condition. Accordingly, complainant went to Mumbai on 14th October, 1995. Dr. Pawan Kumar after examination said that there was no need to worry and every thing is all right. Being dissatisfied with the cursory examination and nonchalant attitude of Dr. Pawan Kumar, complainant approached Dr. B.N. Sharma at Bombay Hospital to perform a specialized test on heart function known as Muga Test which was performed on 19th October, 1995 which showed that heart was functioning at 37% capacity at rest and 28% on exertion which is a clear indication that the surgery performed by Dr. Pawan Kumar had grossly failed. When confronted with this report Dr. Pawan Kumar stated that the report was not considered to be final word on the subject. Subsequently on complainant's insistence an angiography was performed on 26th October, 1995 at Hinduja Hospital which showed that out of four grafts implanted only one was patent, which indicated that the surgery was a total failure, and the other three arteries which were 50 to 80% blocked prior to surgery were completely blocked. When confronted with the latest angiography report, Dr. Pawan Kumar told that his was a complicated case which he had repaired to be best possible extent to save his life. The complainant again approached Dr. G.B. Parulkar on 30th November, 1995 for his advice who mentioned the name of Dr. Ulrich Sigwart a famous cardiologist from London who was visiting Mumbai in December 1995. Accordingly an appointment was fixed with Dr. Sigwart on 15.12.1995 who saw the complainant and attempted an angioplasty on 16.12.1995 and gave it up after being unable to get past the blockade of the main arteries, which according to the complainant were destroyed by the respondent beyond repair on 10th July, 1995 while performing the Bypass surgery. Complainant is now left with no other option but to carry on with a truncated life with periodic stabs of anginal pain. His blood vessels of the heart have been totally damaged beyond repair by Dr. Pawan Kumar.