D.o.F:24/9/08 D.O.O:31/07/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.180/08 Dated this, the 31st day of July 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Pushpa,W/o Surendran, Nhanikkkal House, Poinachi, : Complainant Po.Thekkil,Kasaragod (Adv. C.Ravikumaran Nair,Kasaragod) Dr.Muhammed Kunhi.P. Child Health Specialist, Century Hospital, Poinachi, Kasaragod . R/at Valley View Castle, : Opposite party Chattanchal North, Po.Thekkil Adv.M.Mahesh,Kasaragod) ORDER SRI.K.T.SIDHIQ : PRESIDENT The case of complainant: Complainant is the mother of Suresh who was under treatment of epilepsy and the patent was admitted in Century Hospital and treated there on 3/4/08 and discharged on 4/4/08. Opposite party advised to take medicines continuously for 3 months and prescribed Tegrital 200 and other toxic medicines. Due to the administration of medicines as advised by opposite party for 10 days the child developed irritations, psoriasis and fever. On 7/5/08 the patient developed fever and irritation and approached opposite party but the fever aggravated and the patent was referred to higher center ie. Dist.Hospital Kanhangad. Since there was no child specialist in Dist. Hospital they referred the patient to Wenlock Hospital Mangalore. Because the illness aggravated on the way the child was admitted in Carewell Hospital and Dr.Mohammed Musthafa treated him and prescribed him the same medicines and treated there from 16/5/08 to 21/5/08 and but the child did not recover so he was referred to the skin specialist Dr.Mahesh who told the complainant that it was allergy due to the tablets taken by the patient and advised the complainant to take the child to Mangalore and since the child developed more vomiting and dysentery and thereafter, the patient was discharged and the complainant took the patient to Wenlock hospital Mangalore. The doctors at Wenlock hospital told the complainant that the child developed the symptoms from the allergy of the tablets administered to him and the doctors advised to stop the medicines. The health of the patient deteriorated day by day and the child died on 5/6/08 at Wenlock Hospital. Postmortem was conducted on 6/6/08 at Pariyaram Medical College Hospital as per the requisition from Kasaragod Police. In the postmortem report the cause of death was reported as generalized septicemia. The doctor who treated the patient has advised to take toxic dose of dangerous medicines and the child developed septicemia and the blood was filled with pus and that was the reason for the death. Hence alleging negligence and deficiency in service on the part of opposite party complainant filed this complaint claiming a compensation of `` 5, 00,000/-. 2. Version of opposite party: The patent Suresh was admitted at Century Trust Hospital and he was treated there on 3/4/08 and was discharged on 4/4/08. But opposite party did not advise to take medicines continuously for 3 months. The opposite party prescribed Tegretol 200 is correct. But no toxic medicines prescribed to the patient. The patient Suresh was a child aged about 7 years and physically and mentally retarded. He was unable to standup on his own nor could he walk. His eye sight was impared and he was not able to see or recognize persons or things. His speech was poorly developed. He was a well known case of seizure disorder(epilepsy) on irregular treatment prior to approaching opposite party the patient was taking treatment from elsewhere. The complainant was having four sons and all of them were physically and mentally retarded and all of them were problems of epilepsy and visual impairment. Out of aforesaid 4 sons two of them including Suresh are no more. The remaining 2 sons are still having the aforesaid problems. On 3/4/08 at about 4.05 P.M Suresh was brought to emergency room of Century Trust Hospital with the complaint of generalized toxic-clonic convulsion . The case was attended by Dr.Jayanthy, the duty medical officer. The patient was given inj. Diazepam( inj Phenytoin) seizures controlled and sought pediatric consultation. The opposite party attended the patient at 4.30 p.m in the IP room of the hospital. The patient was kept under observation for one day. As there was no convulsion during the period of stay of the patient at hospital, patient was discharged from the hospital on the next day evening with advice to take Sy.Hemsi, Sy wormectol, Tab Tegretol 200 mg with dosage ½ -0-1 for one month and review in OPD. Thereafter the patient had not visited this opposite party till 15/5/08. On 15/5/08 at about 2.50 PM the patient was brought to the residence of the opposite party with complaints of high fever and generalized popular rash. The opposite party examined the patient and thereafter prescribed Tab Hifen , Sy.Alerid, Sy.Imol,sy Rex.D, Histocalamine Lotion. The patient came back on 16/5/09 to OPD of Century Trust Hospital with temperature of 103 F. One Jonac 12.5 mg was given as stat dose and told to continue the same treatment. The patient was reviewed at 5.15 PM on 16/5/09 at OPD of Century Trust Hospital and at that time also patient was having fever. At that time also one Jonac 12.5 mg tablet was give as suppository. During that time there was very high rate of infection of chikunguniya and Dengue fever in Kasaragod Taluk as a whole and in the locality of the residence of patient in particular. As the fever did not subside even after administering the aforesaid medicines to the patient, the opposite party asked his parents to take patient to a higher center for further investigation and treatment. Thereafter opposite party has not seen the patient. There is no negligence or deficiency in service on the part of opposite party. The criminal complaint filed by the complainant before the Kasaragod police is also closed by the police since the complaint is found to be false. The complaint therefore liable to be dismissed. 3. Complainant filed affidavit in support of his case. Exts.A1 to A4 marked. Opposite party filed counter affidavit to substantiate his contentions. No documents produced on his side. Complainant’s counsel heard and the argument notes filed by the counsel for opposite party perused. 4. The bone of contention of the complainant is that the child Suresh was died due to Septicemia and that was due to the toxic medicines prescribed by the opposite party. But in order to prove this aspect, no evidence of any kind is adduced. Though ,the patient was treated by other doctors subsequent to the treatment of opposite party. None of them examined to prove the allegation of complainant. Mere pleadings in a complaint are not sufficient to establish or any negligence or deficiency in service on the part of a treating doctor unless it is supported with ample cogent corroborating evidence. Further the counsel for the opposite party produced the relevant extracts of Nelson Text Book of pediatrics” and Meharban Singh & Ashok K Deorari ‘s Drug Dosages in children ‘ along with the notes of argument. It shows that the tablet Tegretol carbamazepine (generic name) is an anteconvulsant. It is intended for the treatment of generalized tonic-clonic and partial seizures, pain relief in trigeminal neuralgia and diabetic neuropathy and treatment of bipolar disorder. The complainant has not adduced any evidence to prove that the medicines prescribed by opposite party were toxic and that caused septicemia to Suresh leading to his death. Therefore, we are unable to accept the case of the complainant and the complaint is accordingly dismissed without costs. MEMBER MEMBER PRESIDENT Exts: A1- 18/2/08- Medical Prescription sheet. A2- 9/6/08- Postmortem report A3-31/7/08- Copy of lawyer notice A4- 12/8/08- reply notice MEMBER MEMBER PRESIDENT eva
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
