National Consumer Disputes Redressal
Rajdeepsinh Jaydevsinh Zala vs Dr. Bharatbhai L. Doshi on 7 April, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2628 OF 2010 (Against the Order dated 30/03/2010 in Appeal No. 1388/2007 of the State Commission Gujarat) 1. RAJDEEPSINH JAYDEVSINH ZALA S/o Jaydevsinh Bilavarsinh Zala, At Present Sh. Lingar,Plot No.44/A,,Chitra Distt. Bhavnagar Gujarat ...........Petitioner(s) Versus 1. DR. BHARATBHAI L. DOSHI Near Homeguard Office, Mahuva Road Sararkundala Gujarat ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE MR. DR. S.M. KANTIKAR, MEMBER For the Petitioner : Ms. A. Subhashini, Advocate For the Respondent : Mr. Rohan Swarup, Advocate Dated : 07 Apr 2015 ORDER DR. S. M. KANTIKAR, MEMBER The Petitioner/Complainant Mr. Jaydevsingh Zala's son Mr. Rajdeep Singh about 8 years old was suffering from fever since 15.06.1998 and visited the OP Hospital on 20.06.1998. The OP Dr. Bharatbhai Doshi examined him and advised for suspension of Reziz, two spoon daily. After consuming the medicines the patient developed serious reaction. His Hands, Eyes, skin got effected. Therefore, on 28.06.1998 the OP was consulted again. He did not give any treatment and advised to consult other doctors for the treatment. Thereafter, the patient was treated by Manormaben Mehta at K. T. Children Hospital for a week as indoor patient from 29.06.1998 to 07.07.1998. Alleging the negligence the Complainant filed a complaint before the District Consumer Disputes Redressal Forum, (herein after, 'District Forum') Bhavnagar for the claim of Rs.5,00,000/-.
The District Forum partly allowed the complaint and held the OP liable for deficiency of service and ordered to pay Rs.3,00,000/- alongwith interest at the rate of 9% p.a. from the date of filing of this complaint and Rs.1,00,000/- and Rs.10,000/- towards mental agony and the costs. The OP aggrieved by the order of the District Forum, filed First Appeal before the State Consumer Disputes Redressal Commission, (herein to be referred as 'State Commission') Gujarat. The Appeal was allowed on 23.06.2010 and the complaint was dismissed. Hence, the Complainant filed this Revision Petition.
We have heard the Learned Counsel Ms. A. Subhashini, Counsel for the Petitioner. The Petitioner was also present in-person. The Counsel submitted that, OP prescribed heavy dose of "Sulpha medicines" for malaria without doing any diagnosis or tests for malaria. It had worsened the condition of child. In support of her argument, she brought our attention towards, the affidavit of Dr. Manormaben Mehta. The relevant parts are reproduced as below:
He was suffering from fever from 15.06.1998 the Dr. Bharatbhai L. Doshi had given treatment till 28.06.1998 up to morning in which Sulpha Liquid (Reziz) written medicine which administered 5 ml. given twice a day. Due to that Steven Johnson syndrome came and then skin boils developed and both eyes became closed and while complete body was burning with difficulty in urine and diarrhea for which we had examine in that regard and provided special treatment.
It developed because of Sulpha doses given to the child. Thereafter, the child was admitted in K. T. Children Hospital and was provided supportive treatment and conjuctivities iritis by the eye's doctor. In those days despite that the above physical difficulty is likely to continue for a long period.
The counsel for the petitioner placed reliance upon the judgment of this Commission in First Appeal No. 396 of 1996, decided on 6.7.2011 titled as Jayendra Maganlal Padia vs. Dr. Lalit P. Trivedi & Ors.Also produced the manufacturers guidelines of Reziz drug.
Stevens Johnson Syndrome is a severe exudative type of erythema multiforme, associated with widespread lesions of the skin and mucous membranes. It can occur after use of long acting sulfonamides. It is a rare syndrome , usually self-limiting but occasionally it may be fatal.
6. Regarding the rash it is described that, Rashes with fever accompany many infectious diseases. They may be so characteristic of a particular disease that a specific diagnosis can be made without difficulty, but frequently the skin manifestations produced are common to many infections. Skin lesions may be the result of direct inoculation of the skin (anthrax); hematogenous dissemination of micro-organisms (septicemia).
7. It is pertinent to note from the medical record that, due to Sulfa drug reaction the patient- Rajdeep was admitted at K. T. children Hospital from 29.6.98 to 7.7.98 , but in the same hospital the patient was advised "Nise" a Sulfa drug. The diagnosis of S. J. Syndrome was made subsequently. Therefore, we are of considered opinion that , the patient/child did not suffer due to any negligence of OP or there was any adverse drug reaction to Sulfa drug. The child suffered S. J. Syndrome, which was not possible to diagnose in early stage, thus OP advised for expert doctors opinion. The complainant did not follow the instructions. The counsel for OP alleged that, the complainant spread wrong news in the news paper which has tarnished OP's image and caused mental agony.
8. Therefore, on the basis of medical literature and the evidence on record, we are of considered view that there was no negligence by the OP during the treatment of the child for the fever. Even after the rashes the OP suggested appropriate referrals from the skin specialists. The Steven Johnson Syndrome itself is a deadly syndrome with lot of mobility and mortality for which OP was not responsible.
Hence, we dismiss this Revision Petition. No order as to costs.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER