QAMAR JAHAN Vs. NISAR AHMED TYAGI

JUDGEMENT

(1.) Mr. Abdul Sattar (since deceased hereinafter referred to as 'the patient'), an NRI from Australia, with his family members was on a visit to Muzzafarnagar, Uttar Pradesh from March 1999. On 07.05.1999, he developed symptoms of fever, nausea, loss of appetite and stomach trouble. He consulted Dr. Pramod Kumar Kuchhal. Thereafter on 10.05.1999 and 12.05.1999 he consulted Dr. M.K. Bansal. Both the doctors suggested some laboratory investigations and prescribed few medicines, but patient did not get relief. On 13.05.1999 at 6 am he approached Dr. Nisar Ahmad Tyagi (OP-1) who admitted him in Diwan Nursing Home (OP-2). The ultra-sonography (USG) was done and it revealed some problem in the gall bladder. The OP- 1 started treatment with antibiotics and intravenous (IV) fluids. The OP-1 did not seek any opinion from surgeon or any expert. The ECG revealed sinus tachycardia i.e. increased heart rate. It was alleged that in the OP-2 within a short span, 9-10 bottles of IV fluids were infused to the patient. Also, IV Ciplox and Chloramphenicol were given and later on added injection Monocef though the patient was afebrile. It was further alleged that though the patient did not show symptoms of either vertigo, nausea or vomiting and hyper acidity, the OP-1 administered drug Dramamine 50 mg and Aciloc. It was further alleged that the oxygen inhalation was given to the patient without proper equipment. The patient was made to sit in propped-up position which was an indication of cardiac and respiratory distress. OP-2 hospital did not maintain medical record, the progress chart of fluid intake and output. Despite repeated inquiry about the deteriorating condition of the patient, the OP-1 kept on assuring that the patient was alright. Thus, the OP-1 treated the patient in casual manner. On 14.05.1999 morning, OP-1 expressed his inability to diagnose disease. It was alleged that since beginning the patient was suffering from hepatitis, but OP-1 failed to diagnose it. Further, it was alleged that the condition of patient further deteriorated due to unwanted use of Valium. Therefore, Complainant no. 1 requested the doctor- OP-1 to discharge the patient as they wanted to take him to Apollo hospital, New Delhi. However, OP-1 was not willing to discharge the patient.

(2.) It was further alleged that OP-1 advised to admit the patient in Dr. M. Prakash Hospital (OP-3) at Meerut which had better treatment facilities. Therefore, on 14.05.1999 at 10.20 am the patient was taken to OP-3 hospital and admitted under care of Dr. Tanu Raj Sirohi and Dr. B. Chaudhary, who initially after examination of the patient, suspected it as a case of acute fulminant hepatitis. Further blood investigations were performed and again some more IV fluids were administered. Thereafter, condition of the patient further worsened. However, for further management the doctors in OP-3 hospital did not refer the patient to Apollo Hospital at New Delhi. OP-3 did not provide facility to transfer the patient to Apollo Hospital. Patient would have underwent life-saving liver transplantation and survived at the Apollo Hospital, New Delhi.

(3.) In all the allegations of the complainants are that, the OP-1 doctor was not punctual, he failed to diagnose the disease of hepatitis and kept the family members in dark about the condition of the patient, he was doing experiment on the patient. He did not refer the patient to Apollo Hospital, but wrongly referred to Dr. M. Prakash Hospital at Meerut (OP-3). The doctors at OP-3 hospital concealed and misinterpreted true facts about the condition of the patient. Even the doctors at OP-3 were negligent; there the Complainant no. 1 and her brother were kept in dark till the death of patient. There was better chance of survival, but the OP-3 failed to refer the patient to Apollo hospital despite aware of critical condition of the patient. The patient expired on 15.05.1999 at 6.40 a.m. It was alleged that, all the opposite parties acted recklessly. It was gross and wilful negligence (dereliction and breach of duty) as OPs failed to provide reasonable care to the patient, causing death of patient. Being aggrieved, the complainants filed a complaint before this Commission. Initially on 24.11.1999 at the time of filing the complaint ,the complainant restricted his prayer to claim Rs. 7.5 crore, however in 02.04.2015 complainant prayed enhanced compensation of Rs. 67,77,67,340/-. B. DEFENSE: