PRAKASH NURSING HOME Vs. AJAY KHANDEL

JUDGEMENT

(1.) BOTH these appeal Nos. 1119/2005 and 1123/2005 taken up together, arise from the order dated 18. 5. 2005 passed by District Consumer Disputes Redressal Forum, Khandwa directing the opposite party No. 1 to pay Rs. 2,08,000 as compensation and Rs. 2,000 as costs, on account of medical negligence in the treatment given to the wife of complainant No. 1.

(2.) COMPLAINANT No. 1 is the husband of Smt. Shivangi (herienafter referred to as the deceased) and complainant No. 2 is her minor son. The facts of the case as depicted by them are that the deceased, who was pregnant, consulted opposite party No. 1, Dr. (Smt.) M. Obeja on 6. 8. 2003. She was told that everything was normal. On 29. 12. 2003, she was brought with labour pains to Dr. (Smt.) M. Obeja, who instead of trying for normal labour performed a caesarean operation in haste. After the operation the doctor went away to Nagpur, without entrusting her patients to any other doctor. As no instructions had been given, the employees of the nursing home refused to attend to the deceased. Due to the negligence in the operation, she was unable to pass urine or stool. Her condition became very serious. Dr. (Smt.) M. Obeja returned on 1. 1. 2004 and referred the deceased to Choithram Hospital, Indore at 10 p. m. No attendant accompanied her and no treatment paper were given to them. There they were informed that the kidney of the deceased had failed. Blood and pus was oozing out of her stitches. A huge amount was spent on her treatment at Chiothram Hospital but she died on 14. 1. 2004.

(3.) RESPONDENT No. 1 Dr. (Smt.) M. Obeja states that she is an MBBS, MS with 22 years experience and has received 10 gold medals. She states that the deceased was brought to the nursing home on 29. 12. 2003 with leaking all night, in efforts to deliver the child at Harsud, by local midwives. As there were chances of infection and danger to the child, she was given medication and injections to prevent infection and advised immediate operation. But her husband and father-in-law did not give permission, so another patient was taken in for operation. The doctor avers that in spite of severe leakage the relatives did not give permission and at 3 p. m. they were told to take the deceased elsewhere. On receiving that threat, they gave consent. After the operation the condition of the deceased remained satisfactory. The doctor further states that on 30. 12. 2003, her aged widowed mother suffered an accident and fractured her leg, for which she had to rush to Nagpur. The patients, in her absence, were looked after by her husband, Dr. S. N. , Obeja, Asstt. Surgeon, and Gynaecologist Dr. Raskha Sharma. She examined the patients everyday. On 30. 12. 2003, the deceased had started taking liquids and some solids, and her catheter removed. Dr. Raksha Sharma examined the deceased on 31. 12. 2003 and found her normal. On 1. 1. 2004 when Dr. Raksha Sharma came for an emergency delivery early in the morning, she examined the deceased, who told her that she was feeling restless and had chest pain and intermittent stomach pain. Dr. Raksha Sharma advised Dr. S. N. Obeja to call a physician to examine her. Dr. D. K. Garde, MD (Medicine) was called and he examined her. At 10 a. m. her blood pressure fell to 70. She was given intensive treatment and at 12. 30 p. m. her BP improved to 100/70. However there was no urine output. When she returned from Nagpur at 2 p. m. , she referred her to Choithram Hospital, Indore as there was no urine output and dialysis was necessary, which was not available at Khandwa. The doctor contends that due to the delay in the operation the chances of infection increased. Leaking can sometimes result in septicaemia, DIC and Amniotic fluid embolism. The deceased suffered from these complications. She denies any negligence on her part.