BASUDEO PRASAD MAHESHWARI Vs. INDRAPRASTHA APOLLO HOSPITALS

JUDGEMENT

(1.) This complaint has been filed by the complainant, Basudeo Prasad Maheshwari, alleging medical negligence on the part of the opposite parties, namely, Apollo Hospital and Dr. M.C. Garg.

(2.) Very briefly the case leading to filing the complaint were that the complainant went to the first opposite party hospital on 20.2.1998 complaining of breathlessness, where after he was referred to second opposite party Dr.M.C. Garg. His ECG was done and the complainant was asked to come next day and got Holter ECG done. The second opposite party after seeing the ECG, Holter ECG and blood test reports, advised the complainant to get a permanent pace maker implanted costing about Rs. 1,25,000/-. Since this much money was not immediately available, the complainant requested sometime to arrange for the funds, whereupon he left for hometown on 2.3.1998. While at Lalitpur, his home-town, the complainant felt pain in the left side of the chest, upon which he contacted Dr. Ashok Saxena, a family physician, who advised him to rush to Jhanshi to consult Dr. Praveen Kumar a Heart Specialist, whereupon he was admitted in Happy Family Nursing Home, Jhanshi on 2.3.1998. The complainant received treatment from Dr. K.K. Gupta at his nursing home. Dr. Praveen Kumar was also called to examine the patient, who confirmed the heart attack and the treatment of MI was given. The condition of the complainant worsened further and the complainant suffered a second severe heart attack on 3.3.1998, which in medical terminology is known as Adam Stroke Syndrome, which is a very critical stage. It is the case of the complainant that on the advice of opposite party No. 2, the Nursing Home at Jhansi moved him about 8 kms, away, where a temporary pace maker was implanted and was brought back to Happy Nursing Home the same day. It is the case of the complainant that after second MI, the walls of the heart got damaged permanently and the V.H. function of the heart got reduced to 35%. The complain it again approached the opposite party on 7.3.1998 where he was admitted to Intensive Cardiac Care Unit (ICCU) where his pace maker was removed and another scum another temporary pace maker was fitted. His temperature shot-up, which could not be controlled in spite of high doses of multiple antibiotics. The fever continued and on 14.3.1998, despite seeing no respite/ improvement in the complainant's condition, the complainant was discharged with the advice to come back after the fever had subsided for elective permanent pacing. On 30.3.1998 the complainant felt pain in the chest and the complainant's son contacted the second OP who advised him to get the ECG done for which Dr. R.N. Sainee was called, who advised to get Angiography done. Whereupon, the second OP was contacted on phone for Angiography but the second OP said that there is no possibility, as nurses of OP No. 1 were going on strike. In these circumstances, the complainant was got admitted in National. Heart Institute, New Delhi for Angiography and discharged on 24.4.1998. In the Angiography report it was mentioned that there was blockade in the coronary arteries to the extent of 90%, 80% and 70%, for which the complainant was advised by-pass surgery of the heart, which was got done at Escort Heart Research Institute on 15.4.1998. Specific instances of medical negligence have been mentioned in paras 16 to 19 of the complaint, which reads as follows:

(3.) Thus, alleging medical negligence on the part of the opposite parties, this complaint has been filed praying for a compensation of Rs. 28 lakhs.