REETU JHAMAT Vs. NEELKANTH HOSPITAL & 2 ORS

JUDGEMENT

(1.) This complaint has been filed under Section 12 of the Consumer Protection Act, 1986 alleging medical negligence on the part of opposite parties.

(2.) The brief facts are that on 3.8.2016, the complainant, Reetu Jhamat (for short, 'patient') approached Dr. Subrat Saxena/OP-2 at M/s Neelkanth Hospital for her abdominal pain. After ultrasound (USG) study, she was diagnosed "Cholelithiassis" i.e. Gall bladder stone (multiple small gall bladder stone). She underwent laparoscopic Cholecystectomy on the same day and discharged from the hospital/OP-1 on 5.8.2016. Again, she suffered severe pain in operated area, therefore, she was admitted in OP-1 on 7.8.2016. After investigation, the doctors found that large amount of fluid was collected in the abdomen and lungs. The Magnetic resonance cholangiopancreatography ( for short, 'MRCP') was done and reported as segmental irregularity and narrowing of common hepatic duct immediately distal to the confluence with fluid extravasation from the proximal end into the porta hepatis and ascites.

(3.) Therefore, the complainant alleged that during procedure, the OP has injured a common hepatic duct which caused pleural effusion and other complications. It was alleged that the OP-2 failed to identify the complications immediately. The patient was discharged from OP/Hospital on 10.8.2016. On the same day, patient was taken to Medanta Hospital, Gurgaon (for short, 'Medanta') and was kept under observation. The MRCP was performed, it diagnosed Biliary fistula and lung bases revealed bilateral mild pleural effusion (Left>right) with underlying subsegmental areas of collapse consolidation. There was mild leakage in the biliary common hepatic duct. Initially, patient was not operated at Medanta Hospital. She was again admitted to Medanta on 21.8.2016. The USG performed, revealed loculated collection in subhepatic and periportal region with mild perihepatic fluid. Therefore, the complainant was again admitted on 24.08.2016, which revealed similar findings and 80 ml fluid was drained. The complainant was admitted again on 5.9.2016, her MRCP was performed. It revealed Post Cholecystectomy status with leak primary biliary confluence. A large biloma in the left posterior perihepatic and extending into right anterior perihepatic region with minimal pleural effusion at right side. Thereafter, on 17.09.2016, the patient got admitted and 360 Ml. of fluid was drained from the abdomen. Thereafter, on 15.12.2016 for follow up procedure, patient was taken to Medanta Hospital again. Thereafter, on 3.2.2017, the patient was admitted in Medanta Hospital and MRCP was performed. It revealed a very small cystic area just subjacent to biliary confluence and moderate bilobar intrahepatic biliary ductal dilation with separated biliary confluence. Again, the patient was called on 7.2.2017 for admission for surgery and she was operated successfully on 8.12.2017 for exploratory laparotomy with hepatico-jejunostomy. The complainant alleged that the entire complications arose because of medical negligence caused by the OP/doctors. The complainant filed a complaint before Haryana State Medical Counsel against the OP-1/Hospital on 13.12.2016. Thereafter, the complainant has filed a complaint before this Commission on 11.09.2017 for compensation of Rs.1,10,06,768/- under different heads