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Facts in brief Facts of the Complainants: Smt. Vibha Sharma (Vibha) wife of Complainant no. 2 Mr Raju Sharma, consulted Dr. Kailash Dubey on 11.02.1999 for her health problems who diagnosed her as volvular disease of the heart and advised her for further checkup from some Cardiologist. Accordingly, on 12.02.1999 complainant took his wife to, as per complainant, Dr. Anand Goyal (OP-2), who claimed himself a Cardiologist, conducted tests pertaining to heart problems on Vibha Sharma and diagnosed as Mitral Stenosis with Mitral Regurgitation (MS with MR) and started treatment. Meanwhile, Vibha became pregnant kept visiting regularly to Goyal Hospital for her pregnancy checkup with Dr. Sharada Mathur (OP-3) and for heart problems check up with Dr.Goyal (OP-2) till her 8 months of pregnancy i.e. till October 1999.During this period there was no improvement in the health of Vibha. During the course of the treatment, she was admitted twice to Goyal Hospital from 25 27/8/1999 and 21-23/10/1999 for minor complainants. During 8th month of pregnancy on 27/10/1999 Vibha visited the Goyal Hospital and the OP-3 referred her to Dr. R.K. Vyas, a Cardiologist for opinion. Dr.R.K.Vyas who on examination advised urgent hospitalization and further undergo delivery operation at the earliest. On same day by evening at about 5 pm OP-3 performed caesarian operation of Vibha and delivered a male baby. After delivery, Vibhas condition deteriorated and landed in to coma and shifted to ICCU after four hours and on the next morning, she was declared dead on 28/10/1999. It is also stated that after delivery no relatives of Vibha were allowed to meet her.

Facts of Respondents:-

1)     Dr. Anand Goyal (OP-2) denied the allegations of complainants that he was not competent Cardiologist to treat heart ailments. He has not denied the fact that Consultant Physician and Cardiologist printed on his prescription slip. As per him, he gave proper treatment for heart ailment of Smt. Vibha and did not commit any negligence. OP-3 contended that she treated Vibha only for her pregnancy and she had no concern with the heart ailment as well as role of anesthesia. As per OP-3 she has given correct and proper treatment to Vibha for pregnancy and time to time referred her to OP-2 for treatment of her heart ailment.
 

2.     The State Commission considering the evidence on record, the entire patient history and test reports concluded as follows: The allegation of medical negligence leveled by the complainants has been proved. We have discussed this in detail herein above. In brief, we would like to say that there is no direct proof available regarding treatment of heart related disease as these facts that what Line of Treatment was given, what medicines were prescribed are not available. Why patient was not referred to Cardiologist for up to eight months, Dr. Goyal himself is not Cardiologist and he had not advised for abortion at the early stage, he was not available in the operation theatre during delivery option and nor any other cardiologist was called there. Whereas, it was the duty of Goyal Hospital to make available Cardiologist at the time of operation of patient suffering from such serious ailment. After the delivery option, not allowing relatives to go inside and meet also create doubts. Suddenly after four hours shifting Vibha Sharma to ICU and declaring her death next day in the morning. The State Commission held respondents liable for deficiency in service and medical negligence. State Commission allowed another appeal No.94/2006 and granted enhancement of compensation.

9.     In my opinion the OP 2 & 3 committed deficiency in service by not proper referral and treated as a Cardiologist right from the beginning till prior to 27.10.99. In this connection it is very important to observe the evidence given by Dr. R. K. Vyas on 12/6/2006 which will throw light. Dr.R.K.Vyas is a Cardiologist qualified as having diploma in cardiology from Vienna City, Austria. Dr. R. K. Vyas has clearly stated that Dr. Anand Goyal was not a cardiologist. He in this context stated that it is correct that any doctor even if he is simple M.D., cannot claim of being cardiologist i.e. Specialist in Heart Disease. Dr. Anand Goyal properly got printed consultant physician as also cardiologist on his letter pad which he certainly was not competent and qualified to write this and he in this regard misled and created wrong position.