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At about 11.00 a.m Mrs. Surender Burman, serving nurse in the ESI Hospital informed that the patient is serious and Dr. Majumdar had called Dr. Jindal who gave electric shock / massage etc. to the patient and through the heart of the patient started functioning her brain was not responding and she went into coma. Around 1.00 p.m., the patient was brought outside the operation theatre with the manual ventilator/Boyles machine in coma and only at about 7.00 p.m., the hospital authorities arranged an automatic ventilator from Delhi.
 
Approval of the physicians namely Dr. P.K. Babbar, M.D. and Anaesthetist, Dr. H.K. Khurana, was taken by Dr. Majumdar before deciding upon to operate upon on the right kidney of the patient. However, before the surgery could commence on 16.12.96, the patient developed problems after the administration of the anaesthesia at approximately 10.00 a.m. and Dr. H.K. Khurana, respondent no.2 who was anesthetist requested Dr. Majumdar to assist him to revive the patient. Considering the condition of the patient Dr. Majumdar and the nursing staff, respondents no. 3, 4 and 5 gave cardiac massage to the patient.
     

Dr. Majumdar has described happenings of the day in the following words :

Smt. Jasbir Kaur was brought in the operation theatre at about 9.45 a.m. The equipment in the operation theatre was perfectly in order and the patient could very well be operated upon with the said equipment. It is submitted that pre-anaesthesia check up was done in the Ward by Dr. H.K. Khurana. The informed consent of the complainant was obtained for the second operation including the high-risk consent. The patient was received in the operation theatre by respondent no.3 in good condition. Before the surgery could commence, Dr. Khurana, the respondent no.2, administered injection of Pantathol sodium and Scoline which are normally administered to a patient before anaesthesia is started. After giving the said two injections a tube called Endotracheal tube 7.5 mm was inserted in the trachea by Dr. H.K. Khurana in order to give nitrousoxide mixed with oxygen and the two gages were given by Dr. H.K. Khurana. Soon thereafter, the condition of the patient started deteriorating. The blood pressure of the patient started falling and pulse also became feeble. Immediately the nitrousoxide was switched off and 100% oxygen was started. The respondent no.4 was directed by respondent no.2 Dr. H.K. Khurana that respondents no.4 and 5 to prepare the injections of Adrenalin and keep other emergency drugs ready like Inj. Efcorline, Inj. Sodabicarb, Inj. Decadron, Inj. Dopamine and Inj. Atropine in correct dosage. The respondent no.1, Dr. R.K. Majumdar was present who injected intracardiac injection of adrenalin to the patient, Jasbir Kaur. Dr. Majumdar and the respondents no.4 and 5 gave cardiac massage and administered other drugs as is reflected in the records of the hospital. Dr. Khurana operated Boyles machine to give necessary oxygen to the patient. Electric D.C. shock was also administered by Dr. R.K. Majumdar at Dr. Khuranas request. Thereafter, Dr. Vinay Jindal, Physician Cardiologist was called in, who also gave electric shock and cardiac massage. Thereafter, Dr. P.K. Babbar, M.D. and Dr. Bhowmik, M.D. also came and with the combined effort of all the medical team the patient was revived. It is not correct that the patient had gone in coma at that time because apparently the patient was under the effect of anaesthesia.

The Magisterial Inquiry into the present case was more in the nature of an inquest. The statements on the witnesses were not tested by way of cross-examination. The Inquiry report does not indict Dr. Khurana on any point other than to mention that the respondent could have handed over the Boyles machine to some other person and should have done cardiac massage himself.

 

Case of respondents no.3 to 5:

 
That the respondent no.3, Mr. Ashok Kumar, at the relevant time was technician in the operation theatre of M/s Sunflag Hospital and Medical Research, Sector 16-A, Faridabad. The respondent no.4, Smt. Leelamma Vargis and Respondent No. 5, Ms. Sashamma Vargis were appointed as operation theatre nurses. The job of the operation theatre assistant is to receive the patient in the operation theatre, position him for the operation and ensure that the lighting system and other equipment within the operation theatre are in working condition. Smt. Leelamma Vargis was on the relevant date working as operation theatre nurse (circulating nurse). Ms. Sashamma Vargis was to assist the surgeon for purposes of surgery as scrubbed nurse. Since no surgery took place on 16.12.1996, her role does not arise at all and hence her alleged complicity is false and denied. The equipment in the operation theatre was perfectly in order and there was nothing wrong in it. No such allegation has been made in the complaint with regard to the non-working of any of the equipment present in the operation theatre. Thus, Mr. Ashok Kumar has been unnecessarily dragged in the present complaint.