B G BUSAPPAIAH Vs. HOLDSWORTH MEMORIAL HOSPITAL

JUDGEMENT

(1.) -THIS appeal is by the complainant before the District Forum and is directed against the order dated 6. 2. 2007 passed by the Mysore District Consumer Disputes Redressal Forum dismissing his complaint. The respondents in the appeal are the O. Ps. before the District Forum. We shall refer to the parties in accordance with their ranks before the District Forum.

(2.) THE complainant's son Sundar Raj @ Sharath was a IInd year Engineering student in Bangalore. After his practical examination on 22. 6. 2006 he came to his parents' house in Mysore as the next examination was on 27. 6. 2006. On 23. 6. 2006, he developed severe headache which could not be relieved by medicines given by the family physician who advised C. T. Scan and MRI Scans. The boy was admitted in O. P. 1 Hospital on 26. 6. 2006. O. P. 2 being a Neuro Surgeon in that Hospital conducted surgery on 27. 6. 2006 and the sample removed in the course of surgery was sent for biopsy. After the surgery, boy recovered and complainant was told that he would be discharged by 14. 7. 2006. At about 11. 00 p. m. on 9. 7. 2006, the boy complained of pain and uneasiness in the abdomen. The duty Doctor instructed the Nurse to prescribe some gel. Accordingly 'muccaine gel' was prescribed and on application of the gel, the boy went to sleep. On 11. 7. 2006, second surgery was done by O. P. 2. After the surgery, the boy was kept in the SICU. On the complainant entering SICU, he found his son shivering and was unattended. He was crying for water. The complainant contended that his son was not looked after properly in the SICU. As a result he developed low B. P. and acute Pancreatitis. In the morning of 12. 7. 2006, the duty Nurse informed the complainant that the boy was complaining of pain in the abdomen. O. P. 2, after examining the boy, informed the complainant that he had requisitioned X-ray and a Scan. The staff failed to carry out orders of O. P. 2 immediately. In the afternoon, the complainant was informed that the problem could not be idenitfied by X-ray. At about 5. 00 p. m. , the boy was taken to Vikram Hospital where good number of medicines were administered. Ultimately, at 8. 30 a. m. , the next day, the boy was declared dead. The complainant has contended that the death was due to failure on the part of the O. Ps. to accurately diagnose the ailment and hence the complaint before the District Forum claiming compensation of Rs. 10. 00 lakh for deficiency in service.

(3.) O. P. 2 is the Neuro Surgeon who treated the boy in O. P. 1 Hospital. They have contended that the boy was suffering from headache for 3 months preceding his admission to O. P. 1 Hospital. The family doctor was under the impression that it was sinusitis. However, C. T. Scan revealed that the boy had left pariental tumour with surrounding oedema, causing mass effect and mid line shift from left to right. Neurologist, on examining the boy, found that he had bilateral papillo oedema which may cause blindness or sudden loss of consciousness and some times leading to death. Early surgery was suggested to reduce intra-cranial pressure. Both complainant and his brother-in-law who himself is a Doctor by profession were explained about the condition and the possibility of tumour being cancerous and need for post-surgery Radiotherapy and the poor prognosis. O. Ps. have further contended that they have informed the complainant and his brother-in-law that the survival rate in such cases is generally one year. They have also explained the post-operative complications. On the complainant giving his consent, surgery was conducted on 27. 6. 2006 for craniotomy and decompression of the tumour. They have further contended that the brain was tensed up and did not decrease even after decompression and therefore, entire tumour could not be removed as it would have increased chances of morbidity. They have further contended that since the brain was bulging, the bone flap was not replaced. It was decided to preserve the bone flap and replace it once the boy's condition stabilized.