State Consumer Disputes Redressal Commission
Lakhenar Kumar S/O Harish Chand vs Tara Mahendar Hospital And Fecture ... on 24 October, 2017
Rajasthan State Disputes Reddressal Commission Rajasthan Jaipur.
Complaint No. 38/2013Lakhendra Kumar S/o Sri Harish Chandra, Resident 155/9, Behind Shiva Takeej. Mahavir Mandir Vali Gali, Sahyog Nagar, Bharatpur.
--------- Complainant Versus 1- Tara Mahendra Hospital & Fracture Clinic B-Narayan Gate, Bharatpur (Raj.) 2- Dr. Smt Satindra Kaur, Tara Mahendra Hospital & Fracture Clinic, B- Narayan Gate, Bharatpur (Raj.) 3- National Insurance Co. Ltd. 710-711, Opposite Sahgal Motors, Soti Ganj, Meerut-250001 through Branch Manager.
----- Non Complainant.
Before :
Honble Presiding Member : Mr. Vinay Kumar Chawla Homble Member : Smt Meena Mehta.
Present :
Complainant : Mr. Prakash kaushik Advocate.
Non Complainant 1 : Mr. Anurag Kulshresht Advocate Non Complainant 2 : Mr. Puneet Sharma Advocate.
Non Complainant 3 : Mr. Rishipal Agrawal Advocate.
Judgement Date: 03-1172017 The brief facts of this complaint are that complaints wife was examined by Dr. Kusum Sharma on 4.10.2011 and she was found pregnant. Dr. Kusum -2- Sharma advised some tests and prescribed medicines. She was under the treatment of Dr. Kusum Sharma till April 2012. The complainant states as Dr. Kusum Sharma did not assure of a normal delivery, as they did not want a cesarean the complaiinant took his wife to the opposite party who runs a private hospital at Bharatpur in the name of Tara Mahendra Hospital and Fracture Clinic. The opposite party no.2 who is Senior Gynecologist examined the wife of the complaint and advised haemoglobin test besides other usual tests. The haemoglobin was reported at 8.0mg. The opposite party no.2 prescribed Injection Ferikind Plus for iron deficiency. The complainant alleges this injection was given to his wife without sensitive test and after injection his wife felt severe pain and swelling at injection spot. When the complaint informed the opposite party no2 of this complication the opposite party no.2 advised that injection may be given on alternate days or once in two days. The complainant states that his wife was given 8- 9 injections in 15 days but she continued to suffer pain and swelling. The complainant took his wife to opposite party no.2 on 07.05.2012 when his wife was admitted in the hospital and after examination the complainant was informed that they would have to go for cesarean section. After taking consent of the complaint his wife delivered a child through cesarean section.
But post operation it was noted that the complainant's wife was passing blood through urine considering it to be a post- operative complication she was given necessary medicine and despite conservative treatment she continued to pass small amount of blood through urine some blood tests were prescribed and the reports suspected it to be a case of blood cancer.
The opposite party no.2 immediately referred her to a higher centre. The complaint took his wife to Lotus Super Speciality Hospital , Agra where multiple tests were conducted and blood cancer had been confirmed and the hospital referred the patient to a Cancer Hospital. Thereafter the patient was admitted to Bhagwan Mahaveer Cancer Hospital & Research Centre, Jaipur and her treatment was started but unfortunately she could not recover and ultimately died of blood cancer.
This complaint has been filed against the opposite party no. 1 &2 for medical negligence.
The complaint alleges that after delivery his wife suffered from high grade fever and was continually passing blood through urine and her platelet counts were reduced to 7000 this was due to negligent treatment of the opposite party no.2. The complainant further states that the Injection Ferikind Plus was administered without sensitivity tests. The Complainant -3- alleges that all the tests which were prescribed by Dr.Kusum Sharma were normal but his wife contacted blood cancer due to negligence of the opposite party no.2. The complainant submits that his wife was not suffering from any disease before delivery. The opposite party denied the allegations of medical negligence. It was stated when complainant's wife came for checkup on 07.05.2012 on clinical examination fetal distress was noted which required urgent delivery through cesarean. It has been submitted that no assurance of normal delivery can be given and was not given in this case particularly when complainant's wife had history of cesarean delivery in the past. After obtaining consent of the complainant his wife was operated who successfully delivered a child and operation was performed as per standard protocol followed by Gynecologists. It was submitted post operatively when complainant's wife started passing blood with the urine she was given conservative treatment but when it did not stop blood tests were advised which revealed Active Blood Cancer. It is further stated that injection Ferikind Plus was administered after sensitivity tests and his wife had taken ten injections but no complication was reported till delivery. It is further submitted that complainant's wife was suffering from blood cancer prior to the treatment and she had come to the opposite party only for delivery of baby. They further submitted that they have taken an indemnity cover from the opposite party no. 3 and in case of any liability they are to be indemnified by the insurance company.
The insurance company has also filed its reply supporting the version of the opposite party no. 1&2 that there was no medical negligence.
Parties have filed their affidavits in support of their averments and copies of medical record and treatment have been filed by the complainant.
We have heard the arguments of the respective Ld. Counsels and have perused the affidavits and record. The medical negligence has been mainly alleged on two grounds first that Injection Ferikind Plus was given without sensitive tests and second that due to negligent treatment the complainant's wife contacted blood cancer. These were two grounds basically argued by the Ld. Counsel for the complainant.
The Ld. Counsels for the opposite party 1&2 submitted that patient had come to them for delivery. She was under treatment of the opposite party no.2 since 13.04.2012 before that she was taking treatment from Dr. Kusum Sharma. Ld. Counsels submitted that no assurance by any doctor can be given for normal delivery, but if the situation arises where the life of mother and baby is endangered the decision for urgent delivery has to be taken and which was taken in case of complainant's wife when on examination on 07.072012 it was noted that fetel was in distress and tenderness was found in the abdomen. He submitted that no one can -4- Contact blood cancer from sensitivity of drugs. Though the injection Ferikind Plus was given after sensitivity test and during this period she took ten injections for iron deficiency.
We have considered that arguments. First we deal with the argument of Ld. Counsel for complainant regarding Injection Ferikind Plus. We have found that this injection is given for treatment control , prevention & improvement of iron deficiency due to poor absorption and chronic blood loss. The possible side effects that may occur are diarrhea, constipation, stomach upset and pain, nausea and Vommitting. None of such reaction was complained by the deceased and she continued with the treatment and took ten such injections. Pain or swelling at injection spot would not constitute any medical negligence more over this could not be the cause because of her subsequent complication or ailment of which she was diagnosed.
The argument with regard to negligence in treatment is concerned the complainant has not specifically alleged any act of commission of omission or the opposite party failed to take the necessary care and precautions which they were expected to exercise. The deceased successfully delivered a baby through cesarean, after delivery she suffered from hemotoma. Hemotoma is a collection of blood outside a blood vessel. Some causes of hematomas are pelvic bone fractures fingernail injuries bumps and blood cancer. As is the common knowledge that cancer is a silent killer and often it is detected at a very late stage when the situation has become out of the control of doctors. This exactly seems to have happened in this case. The complainant's wife was suffering from blood cancer and unfortunately it was detected at a stage when she had delivered a baby. There is nothing on record or any expert medical evidence that there were signs or symptoms which the opposite party ignored while examining her and later operating her for delivery. The complainant could not prove that test reports ever indicated such a complication.
In view of the above discussion and facts available on record no case of medical negligence is made out. The complaint is liable to be dismissed.
Member Presiding Member
(Meena Mehta) (Vinay Kumar Chawla)