Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
This consumer complaint in the area of alleged medical negligence is filed consequent to the death of late Jawahar Katkar father of the complainant.
We heard Mr.Amogh Paralikar Ld.counsel appearing for the complainant at length.
Undisputed facts are that late Jawahar Katkar was first referred to opponent no.1 –Ashwini Hospital run by opponent no.2 –Dr.M.K.Inamdar due to intra cerebral bleeding, which was a result of severe hypertension. On 18/04/2008, late Jawahar had undergone Craniotomy operation i.e. decompression surgery-excision of a segment of skull. Consequent Cranioplasty was carried out subsequently at opponent no.1 hospital by the treating Neurosurgeon itself namely opponent no.3-Dr.Avneesh Gupte. Earlier Craniotomy was conducted at Ruby Hall Clinic, Pune and Cranioplasty was conducted after receipt of part of skull, which was earlier removed on the night in between 30/06/2008 and 01/07/2008. On 18/07/2008 late Jawahar was discharged from the hospital. On 22/07/2008 late Jawahar was readmitted in the Ashwini Hospital and considering his deteriorating condition and the complications noticed, he was shifted to Sahyadri Hospital at Pune on 26/07/2008. The abscess noticed was removed on 29/7/2008 and on the same day late Jawahar died due to intra cerebral abscess and renal failure.
It is alleged on behalf of the complainant that in the course of treatment at Ashwini hospital, late Jawahar was administered a medicine named, ‘AMIKASIN’ for 12 consecutive days with a high doses of 500 mg. which had an adverse effect on the kidnies of the deceased. According to him, it ought not to have been administered for more than 5 consecutive days.
Next allegation of the complainant is that though on 12/07/2008 itself after taking MRI (Brain) an abscess was noticed but the opponents failed to carry further investigation and did not adopt proper course of treatment. Opponents continued to administer antibiotics and followed routine procedures and check ups, instead of setting up a medical board and diagnosing the root cause of the post operative complications.
Third grievance is that on 16/07/2008 late Jawahar was given injection ‘Netromycin’, which was required to be given for 5 consecutive days, but only once said injection was administered to late Jawahar on 16/07/2008 and then Jawahar was discharged from the hospital on 18/7/2008. It is also alleged that on 20/7/2008 late Jawahar started getting hiccups from 4.00 a.m. and was brought to Ashwini hospital but was advised by opponent no.2 Dr.Inamdar to return home and when it was increased late Jawahar was admitted in Ashwini hospital on 21/07/2008. All this had an adverse effect on health of late Jawahar. There was negligence on the part of opponents to treat the abscess in brain and, therefore, surgical drainage was done only on 29/07/2008 after fatal delay of 12 days.
It may be pointed out that the allegations made are not supported or get corroborated from any material placed on record. For more than about 6 months time was taken by the complainant to produce on record any expert opinion, particularly, after receipt of reply explaining the situation pertaining to the allegations of alleged medical negligence by the opponent nos.2&3 and their submission being supported by medical literature produced on record way back in the month of April, 2011. About administration of medicine ‘AMIKASIN’, the case papers do not support the allegation of the complainant of administering the same for 12 consecutive days. Said medicine was administered with the doses prescribed by the treating doctors only for about 6 days in between 02/07/2008 to 07/07/2008. The doctors being experts in their own field and opponent nos.2 & 3 are the experts in their own field and, particularly, in case of late Jawahar, it is opponent no.2- Dr.M.K.Inamdar, a renowned surgeon to whom family of late Jawahar had shown confidence to give treatment as per his advice at Ashwini hospital and, subsequently, at Sahyadri hospital; did not reflect any case of alleged medical negligence on his part, since the entire treatment was carried out as per the advice and in consultation with opponent no.3. No reason to infer any medical negligence on the part of Ashwini hospital i.e. opponent no.1-Ashwini hospital or opponent no.2 Dr.Inamdar. Written consent given by the complainant while admitting the patient on the earlier occasion and also at subsequent point of time on 22/07/2008 shows that he was made fully aware of the conditions and the possible complications which may suffer by the deceased, by the treating doctors. When on 22/07/2008 late Jawahar was readmitted, his condition was deteriorated due to negligence or certain circumstances particularly, about not taking food, etc. due to removal of the tube by which feeding was made, perhaps, without consulting the treating doctors. The deteriorated condition was tried to be checked and brought in control. Ultimately, the abscess found was drained out on 29/07/2008 at Sahyadri Hospital, Pune but however without giving response to any treatment, late Jawahar died on that day itself, supra.
Prima facie, no reason to hold that no routine procedure or prescribed protocol, which doctors were to follow, is not followed in case of late Jawahar at any point of time, particularly, after 22/07/2008 or earlier to that during his period of admission for Cranioplasty at Ashwini Hospital. Allegations relating to the administration of ‘Netromycin’ injection only once is also not substantiated by any material or evidence and the case papers on record particularly of dated 16/07/2008, 17/07/2008 and 18/07/2008, prima facie, negatives the case of the complainant in this respect. It appears that relatives of late Jawahar were acting on their own to some extent and for this they perhaps cannot blame the treating doctors for further deterioration of the condition of late Jawahar.
Thus, considering the overall situation we find that complainant miserably failed to establish any prima facie case against treating doctors particularly, opponent nos.2&3 and, more particularly, opponent no.3 and about the alleged medical negligence. There is no case of any negligence for nursing or otherwise against opponent tno.1 hospital. We hold accordingly and pass the following order:-
ORDER
Complaint stands dismissed.
However, in the given circumstances no order as to costs.
Copies of the order be furnished to the parties.
Pronounced on 20th June, 2011.
