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Rt frontal craniotomy and excision of meningioma was done on 20.11.2001.  Immediate post-up period was uneventful but on 21.11.2001, he developed drowsiness, which progressively worsened.  Mannitol and eptoin therapy was initiated but he showed no improvement.  Repeat CT Scan showed sever perioperative and generalized bilateral oedema with midline shift towards  itside.
Ventilatory support was initiated as he developed respiratory depression. Tracheotomy was also done. His general condition progressively became critical despite all efforts and on 25.11.2001 at 6.30 P.M. ,he developed sudden cardiac arrest.  He could not be resuscitated despite best efforts, hence was declared dead at 07.35 P.M.

Patient came back to OP Hospital at 10.45 a.m. again he was operated for tracheotomy.  Operation had to be conducted at 12.45 PM.  A pipe was inserted in the patient's throat by puncturing the throat through which oxygen was given.  In medical terms it is called tracheotomy.

This caused mental agony to the family members of the patient.  It had happened due to gross negligence of OP No 1, 2 & 3.

Dr. Braham Prakash, OP No. 2 and Dr. AshishShrivastava, O.P. No. 3 were well aware of the fact that the necessary CT Scan equipment did not exist at the hospital. They should not have conducted the operation at the hospital.

8)             Lastly the complainant submitted that the deceased Trilok Singh left behind his mother, widow, a son and a daughter. He was earning Rs. 6,000/- per month.

9)             With the sectrum of the aforesaid facts, the complainant claimed compensation to the tune of Rs., 24,56,000/- stating that he expected him (his son) to live atleastupto the age of 60 years.

10)            Defense raised by OP 1 hospital was that the patient was diagnosed as suffering from right frontal meningioma with significant mass effect.  Operation was conducted by Dr. Braham Prakash with the assistance of Dr. AshishSrivastava, both consultant neurosurgeons.  Next submission of OP No. 1 was that on 21.11.01 the patient developed drowsiness upon which Dr. AshishSrivastavawas immediately informed . Patient was diagnosed as suffering from cerebral oedema.  Contention of the OP 1 is that cerebral oedemais a post operation complication associated with neurosurgery.  OP No. 1 further submitted that the patient consequently developed ventilatory depression. Ventilator support was given. Tracheotomy was also done with   the consent of the complainant on 23.11.01.

13)            OP No. 1 further submitted that in the year 2001, very few hospitals in India had CT Scan facility.  It was highly expensive those days.
14)            In relation to the procedure of tracheotomy, OP No. 1 submitted that it was a routine procedure to create airways in case of ventilatory depression.
15)            In its written arguments, OP 1 stated that post operation complication of cereberaloedema was diagnosed by 21.11.2001 i.e. much before the scan was conducted. It may be mentioned here that the CT Scan of the patient was got conducted by OP No. 1 hospital from  Delhi MR & CT Scan Centre, basement Aashlok Hospital, Safdarjang Enclave New Delhi by providing its own ambulance.  Report given by Delhi MR & CT Scan Centreon CT Scan conducted on the patient on 23.11.2001 revealed as under: