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19.    Dr Anupam knowing that the patient had suffered muscular Dystrophy and as such his immunity power was poor and even after he was categorically warned about his allergies to highly sophisticated antibiotics, e.g., cephalexin and ciprobid and etc., callously prescribed unwarranted expensive intravenous medicines. Before administering the highly sophisticated I V medicines upon the patient no sensitivity test was performed. Dr Anupam, even having the knowledge that the patient did not require any dangerous sophisticated medicines, in view of the chest x-ray report submitted by radiologist which clearly suggested that the chest of the patient was clear and the infusion of such high power dangerous antibiotics in the body of physically weak patient intravenously would lead to haemorrhage and collapse, prescribed the medicines, namely; I V Azithromum 500 mgs and I V Levofloxacin 100 mgs.

73.    The patient was already suffering from pre-morbid condition of Duchenne Muscular Dystrophy which results in Muscular wasting both skeletal as well as heart muscles. In patients with DMD, Pulmonary Infections are often cause of death. Dr. Satsangi who is a senior cardiac surgeon and knowledgeable about the disease and the consequences was aware about the fatal consequence of pneumonia and asked his wife to go to some hospital to get it investigated it and get him admitted.

74.    AIIMS Medical Board has made the following observation in regard to the X-Ray that the "X-Ray of late Mr. Rahul Satsangi is indicative of Patch of Opacity and after clinical correlation with case presentation, the presenting condition of Late Mr. Rahul Satsangi warranted treatment on lines of Pneumonitis".

93.    Mr Rahul Satsangi who was a known case of DMD suffering from pneumonia who was having a fever of 102oF on admission, while in the treatment developed chills and rigor and collapsed. All efforts of resuscitation were done but could not be resuscitate.

94.    The patient of DMD normally complete their life in late teens or early 20s and the mode of death is normally is chest infection or cardiac arrhymias.

95.    Mr. Rahul Satsangi was a terminal patient of muscular dystrophy who was diagnosed DMD at the age of 7 years because of abnormal gate proximal muscle weakness and been dull in studies and has a biopsy done which confirms the diagnosis of muscular dystrophy.

O/E   Active child. B/L calf hypertrophy present and mild hypertrophy of vastus lateralis. Power all gribs of muscles 4+/5. DTJ - 2+ B/L   Investigations:

    CPK (Private) - 38 (0 (Sept. 95) and 3000 (August 96)     X-ray Chest (Private) showed cardiomegaly Muscle biopsy done on 05.03.1997 - report awaited.

    Diagnosis : Duchenne Muscular Dystrophy."

109.  It is obvious from the above that Rahul Satsangi was a confirmed patient of Duchenne Muscular Dystrophy and even in March 1997 his chest X-ray had shown Cardiomegaly i.e. enlargement of the heart. The diagnosis and prognosis of both the DMD and Cardiomegaly would have been known to complainant No.1 who himself was a cardiac surgeon. The complainants have given no medical record to the OPs regarding his condition with regard to DMD and the condition of the heart at the time of admission. Neither has any treatment record from the period 1997 to 23.10.2009 been put on record. However, the condition of Rahul Satsangi can be adduced from other material on record as discussed in the following paras.