P A APPASAMY Vs. MANAGER

JUDGEMENT

(1.) The complainant, P.A. Appasamy, Inspector of Police posted at Chennai has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 against Vijaya Health Centre and their doctors for alleged medical negligence during treatment causing death of his son Ravindra Nath Rabiroa.

(2.) Brief facts are that the complainant took his son, Ravindra Nath Rabiroa, since deceased, (herein after referred as 'the patient') to Vijaya Health Centre for the complaint of persistent headache. Patient was examined by the doctors, advised various tests and treated by administration of different combination of medicines. Patient was diagnosed as suffering from colloid cyst in the third ventricle of the brain. Accordingly, the patient was advised for surgery for removal of the cyst. The complainant agreed for the surgery of his son and surgery was performed on 18.05.2017. After surgery, the patient was unconscious and kept in ICU till 21.05.2017 under ventilatory support. He was unconscious till then. On 22.05.2017, the patient was shifted to Neuro Surgical Ward wherein the patient's mother Shanthi noticed a swelling in the left leg of the patient and the same was informed to the doctors therein but the doctors did not pay any attention. It was alleged that the doctors at the OP-hospital were careless. The swelling was persisted till 23.05.2017 and after her repeated requests, the scan of patient's left leg was performed, which revealed a blood clot in the left leg on account of alleged negligence in brain surgery and it was diagnosed as a Deep Vein Thrombosis (DVT) in the left leg. The doctors suggested need for minor surgery to avoid blood clot to move from his leg to lungs, which can be fatal. The complainant agreed for the surgery. Accordingly, on 24.05.2017, surgery was performed. On 26.05.2017, the doctors suggested mobilization of the patient and after walking few steps, the patient had slight dizziness and become unconscious. The complainant alleged that doctors failed to give proper instructions to the patient and also to the other consultants about the management. There was lack of communication between the doctors, nurses and physiotherapist. The doctors compelled the patient to walk when he was drowsy and lethargic. After episode of dizziness, the patient was taken to ICU and the doctors thereafter performed Cardio Pulmonary Resuscitation (CPR) but the patient died at 4.40 p.m. The complainant further alleged that the opposite party doctors refused to perform autopsy, but the complainant was threatened to take out the body form the hospital. Furthermore, the opposite party hospital with the help of local rowdy elements and with the support of local police, threatened the complainant. It was further alleged that the hospital did not provide any medical documents in spite of repeated requests to the hospital authority, therefore, the complainant had lodged a complaint with the Sub-Inspector of Police at K. K. Nagar, Chennai who denied to register FIR against the opposite parties. The complainant also filed a complaint against that Sub-Inspector and the opposite parties before the Police authority.

(3.) In the entirely, the complainant's allegations against the opposite party no. 1 Hospital and the doctors therein are that the death of his son was due to careless and negligent attitude of the hospital and the doctors, who collected huge amount from the complainant. The complainant lost his young son and put into hardship and mental agony, therefore, the complainant filed a complaint before this Commission and prayed for compensation of Rs.10 crores and other reliefs, jointly and severally from the opposite parties.