National Consumer Disputes Redressal
V.P. Singh vs Dr. M.P. Chandrakar & 7 Anr. on 12 July, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 740 OF 2015 (Against the Order dated 11/08/2015 in Complaint No. 20/2009 of the State Commission Chhattisgarh) 1. V.P. SINGH S/O. LATE GADADHAR PRASAD SINGH, R/O. QUARTER NO. 2 B, STREET-1A, SECTOR-8, BHILAI, DISTRICT-CHHATTISGARH ...........Appellant(s) Versus 1. DR. M.P. CHANDRAKAR & 7 ANR. M.D.CEO/EXECUTIVE DIRECTOR, CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL NEAR NEHRU NAGAR CHOWK, GE ROAD, BHILAI, DISTRICT-DURG 2. DR. H.C. SHARMA, M.D., COUNSULTANT DOCTOR, CHANDULAL CHANRAKAR MEMORIAL HOSPITAL NEAR NEHRU NAGAR CHOWK, GE ROAD BHILAI, DISTRICT-DURG ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE DR. S.M. KANTIKAR, MEMBER For the Appellant : Mr. Amandeep Mehra, Advocate For the Respondent :
Dated : 12 Jul 2016 ORDER DR. S.M. KANTIKAR, MEMBER 1. On 11.09.2007, the complainant Mr. V. P. Singh's son, Anand Prakash(since deceased herein referred as the "patient") was admitted in Chandulal Memorial Hospital, Bhilai, Durg under care of Dr. M. P. Chandrakar, OP 1 and Dr. H. C. Sharma, OP 2. The patient was admitted at 5:00 A.M. but Dr. H.C. Sharma came to examine him at 1.00 P.M. No medicines were given. The patient was shifted to ICU, only after sponging. The room no.21 was unhygienic and dirty. On 12-09-2007 at about 5:00 P.M., the patient was shifted to room no.27 and remained there till 15-09-2007. During hospital stay, patient experienced lot of irregularities in the treatment. No improvement in the health condition. The OP 2 made some unpleasant remarks and advised for liver transplant to the patient. Hence, it caused demoralizing impact on his son and himself. Thus, it was totally ignorant attitude of the hospital. The complainant got discharged his son from the hospital. Thereafter, on 19-09-2007, the complainant shifted his son to Pune, by air ambulance and admitted in Joshi Hospital. The bilirubin was 43.06. The patient died due to stomach infection and not due to Hepatitis B. Dr. P. Lawate at Pune Hospital told that stomach infection was either due to infected water or highly infected previous hospital condition. The OP hospital refused to issue medical record. Therefore, complainant filed a complaint before the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (for short the State Commission) and prayed for compensation of Rs.99,99,999/-.
2. The State Commission dismissed the complaint. Hence, this first appeal.
3. We have heard the counsel for the appellant at admission stage. Perused the order of the State Commission and medical record available on the file like laboratory report the LFT and other biochemical tests. The State Commission observed that treating doctor; Dr. H.C. Sharma is a leading gastroenterologist in that region having vast experience and training from AIIMS, New Delhi and served in several hospitals. The treatment given by OP 2 was standard and no deficiency in service. The patient was suffering from advanced liver disease with clear diagnosis of Chronic Hepatitis B related Cirrhosis. There was distention of abdomen and the renal function test, LFT were highly deranged. Thus, the patient was in acute decompensated stage for which mortality is 80%, if timely liver transplant is not done. Further, the patient was also on injection Interferon which leads to further de-compensation of liver.
4. The State Commission reproduced the medical board's report issued by team of doctors at Dr. B.R. Ambedkar Memorial Hospital, Raipur. We put reliance upon some relevant findings from the said report as below:
"1. The patient named Mr. Anand Prakash S/o Mr. B.P. Singh was suffering cirrhosis of liver cell failure characterized by prolonged prothrombin time, increased serum bilirubin levels with associated renal failure (Raised S. urea and serum creatinine). He had decompensated liver disease (characterized by Ascitis and Portal hypertension) and Hepatitis B infection.
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3. He was given adequate treatment for infection and his liver and kidney problem and also recommended adequate treatment even when patient took discharge against medical advice from Chandulal Chandrakar Memorial Hospital, Bhilai.
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5. Cause of death as per certificate is encephalopathy (brain swelling) due to cirrhosis of liver with Hepatitis B infection. There is no mention of role of stomach infection or unhygienic condition in room.
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7. Overall the patient had very advanced liver disease with multiple complications and was in serious condition. The Hospital at Bhilai has given him adequate care."
5. Therefore, on the basis of laboratory reports, medical records, and the medical board's opinion, we are of considered view that, patient was suffering from advanced liver cirrhosis, and he was in liver failure, thus it was a fatal condition. Also, there is nothing on record to prove that Dr. H. C. Sharma made a very unpleasant remark and advised for liver transplant. The OP hospital treated the patient as per standard of practice, we do not find any deviation from the duty of care.
5. It should be borne in mind that, no cure is no negligence. The Chandulal Memorial Hospital and Joshi Hospital treated the patient of liver failure with the best possible available mode. We do not find any lapses or shortcomings in the treatment given by OP. Moreover, there is no basis or cogent reasons that, the complainant claimed Rs.99,99,999/- from the OPs.
6. Thus, on the basis of the foregoing discussion we do not find any merit in this first appeal. Therefore, it is dismissed.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER