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The complainant's son R.Alagu Murugan, 26 years, came to the 1st opposite party on 24.8.2005 for the first time with a complaint of severe breathlessness upon exertion, and on consultation about his past medical history, it was found that he had been having severe breathlessness for the past 15 years, which had intensified more in the past 10 days with Paroxysmal nocturnal dysnea (breathing difficulty at night). Cough with expectoration and wheezing had been experienced by the patient for the last 10 days. The patient was diagnosed to have a congenital heart disease since childhood. The relevant records revealed that the patient was diagnosed to have a condition known as VSD (Ventricular septal defect) with pulmonary hypertension and he was treated with Tablet Digxin, Lasix, Potklor and Tablet Pencilin from 18.1.1980. The records from the Institute of Child Health and Hospital and from the Government General Hospital, would clearly show the above medical history right from the time when he had been treated as a child for congenital heart disease. But the complainant had suppressed many material facts pertaining to the past pre-existing condition of his son while filing the complaint. Hence the complainant having come before this forum with unclean hands and guilty of suggestio falsi and suppressio veri. Upon examination and investigations of the patient the following diagnosis was reached by the opposite party viz.

a. Congenital Heart Disease- large VSD (sub aortic), pulmonary hypertension - severe congestive cardiac failure.

b. Mitral Valve prolapsed - anterior mitral leaflet, mitral regurgitation - mild c. Pulmonary Koch's disease (TB of the lungs) d. Patchy consolidation of lingular and right upper lobe e. Emphysema (Hyper inflation of some portion of the lung) On admission he had profuse sweating, marked breathing difficulty and swelling of both legs and bilateral gynaecomastia (probable side effect of enlargement of breasts due to cardiac drugs taken earlier). The pulse rate was 140 to 160 and it was irregular. He had symptom of serious heart failure.

The patient was suffering from congenital disease viz. VSD. The fact that the patient had the congenital disease i.e, VSD (a hole in the heart) with pulmonary hypertension was known to the parents at the time of the birth of their son. It is also admitted by the complainant that his son was advised to undergo surgery with high risk involved during the year 1980 itself. But, the parents have decided not take the risk and decided for medical management. But the patient had developed severe cardiac symptoms in the year 2005 because of VSD with predominantly L to R shunt with severe pulmonary hypertension. It was also seen from the 3rd discharge summary under Ex.B27, that the patient also was diagnosed to have emphysema, left upper lobe collapse and pulmonary koch's infection in August 2005 and ATT was started. Therefore, the team of doctors of the 1st opposite party, in consultation with the parents have decided to do cardiac catheterization study after 2 to 4 weeks with either VSD closure or heart lung transplant.

27. Therefore looking at any angle we find that the treatment given by the 1st opposite party was a quality one, but unfortunately, the complainant's son, who was suffering from congenital disease, lost his life, for which the 1st opposite party cannot be blamed. Without considering all these facts, on evasive reasoning the District Commission had fixed negligence on the part of the 1st opposite party, which has to be set aside, accordingly set aside.