ADITYA HOSPITAL & ANR Vs. BABY VIGNESH

JUDGEMENT

(1.) Baby Vignesh a four months child at the relevant time was examined by one Dr. Kalaivani on 10.8.2008. She advised taking the child to Aditya Hospital and also spoke to respondent Dr. Kavitha who was attached to the said hospital. The child was then taken to Aditya Hospital and admitted there on 10.8.2008. Intravenous medicines were given to the child in the hospital. The IV line having blocked, it had to be changed two times. The first IV administration was through the right hand whereas the second IV administration was through the left hand of the child. The third IV administration was through her left leg. The child was discharged on 12.8.2008. The case of the complainant is that at the time the child was discharged, she was crying badly and her left leg had become black, indicating development of Gangrene. However, in the Discharge Summary issued by Aditya Hospital, no discoloring or Gangrene was shown. The case of the Aditya Hospital and Dr. Kavitha is that in fact, no discoloration had happened and no Gangrene had developed till the child was in their treatment.

(2.) In the night intervening 13/14th Aug., 2008, the mother of the child contacted Dr. Kavitha on telephone. She told her that she was in another hospital and it would not be possible for her to come before 10.00 a.m. on 14.8.2008. She advised the mother of the child to take her to Govt. Children Hospital. The child was accordingly taken to children hospital and according to the complainant, she was also seen by Dr. Kalaivani in the said hospital on 14.8.2008. The child was thereafter shifted to Dr. Mehta's Hospital where she was admitted on 14.8.2008 itself and discharged on 25.8.2008. She was again admitted in the said hospital on 29.8.2008 and discharge on 31.8.2008. The Discharge Summary issued by Dr. Mehta's Hospital at the time of first discharge would show that on local examination, discoloration of the left foot was noticed which could be Gangrene. It is also noted in the said Discharge Summary that the child had developed discoloration of the left foot after discharge from the 'previous hospital'. As a consequence of the child developing Gangrene, her all five fingers had to be amputated. Alleging negligence in her treatment at Aditya Hospital and by Dr. Kavitha, the complainant approached the concerned State Commission by way of a consumer complaint.

(3.) The complaint was resisted by both the opposite parties who denied any negligence in the treatment of the child and also claimed that the condition of the child had improved at the time she was discharged.