THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 218-14
Date of Institution : 16.4.2014
Date of Decision : 28.10.2015
Sawinder Kaur wd/o Gurdev Singh R/o House No. 760, Gali No. 12, Maqbool Pura, Mehta Road, Amritsar
...Complainant
Vs.
Dr.Davinder Singh Jossan Incharge/Proprietor/Director Jossan Hospital, Mehta Road, Amritsar
Medical Superintendent, Guru Nanak Hospital,Amritsar
United India Insurance Company Ltd. 54, Janpath Cannaught Place, New Delhi through its Manager/Authorized Signatory
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. S.K.Saini,Adv.
For the opposite party No.1 : Sh. S.S. Jammu,Advocate
For opposite party No.2 : None
For opposite party No.3 : Sh.P.N.Khanna,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
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Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sh.Sawinder Kaur under the provisions of the Consumer Protection Act alleging therein that her son Ravinder Singh alias Sonu felt some pain in his stomach on 14.3.2013 at about 11.00 p.m and he approached opposite party No.1 Jossan Hospital, Mehta Road, Amritsar for treatment of her son Ravinder Singh alias Sonu. Complainant has alleged that Dr. Davinder Singh Jossan did not care the patient whole the night and gave an injection at about 8.30 a.m on 15.3.2013. After giving injection Ravinder Singh alias Sonu started writhing. Dr. Davinder Singh Jossan immediately took the patient in his own hospital Ambulance vehicle to Guru Nanak Dev Hospital, Amritsar . But the doctors could not save the life of Ravinder Singh alias Sonu who expired at about 11.00 a.m due to negligence on the part of Dr.Davinder Singh Jossan. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party No.1 to pay Rs. 10 lacs as compensation.
2. On notice, opposite party No.1 appeared and filed written version in which it was submitted that Ravinder Singh alias Sonu came in a serious condition at Jossan Hospital on the intervening night of 14 and 15 March, 2013. The patient was examined by surgical specialists for septecemia due to Peritoniis and that the
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patient was also suffering from diabetes . Patient had a history of excessive alcohol intake and taking other drugs as revealed by relatives of patient Ravinder Singh alias Sonu. His blood pressure and pulse were not recordable. He was given treatment in the form of medicines like dopamine, noradrenaline, deriphyline which are used for the management of a serious case. A written consent of the seriousness of the condition was taken and the same was explained in Punjabi to his mother, who thumb marked the same in token of its correctness. Opposite party No.1 after seeing the serious condition of the patient gave him injection hydrocortisone I/V and referred him to the emergency at Guru Nanak Dev Hospital in his own Ambulance. Opposite party No.1 has done everything diligently, prudently with due care and caution and there was no negligence on the part of opposite party No. 1. It was further submitted that in the report of Board of doctors prepared by Dr. Rajeev Mehra, Dr. Mandeep Singh and Dr. Anu Sharma, they have found that there was nothing to suggest that negligence had been committed by opposite party No.1 i.e. Dr. Davinder Singh Jossan in treating the patient . While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite party No.2 in its written version has submitted that on the instructions of Deputy Commissioner,Amritsar thorough enquiry was conducted by Civil Surgeon, Amritsar and the Civil Surgeon,Amritsar called the comments from
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Medical Superintendent, Guru Nanak Dev Hospital,Amritsar ,to which a detailed reply was submitted by opposite party No.2 to the Medical Superintendent on 28.11.2013 and the enquiry report was given in favour of opposite party No.1. Ravinder Singh alias Sonu son of the complainant was brought to the emergency of Guru Nanak Dev Hospital, Amritsar and was admitted there on 15.3.2013 at 8.45 a.m morning in a critical condition with complaints of abdominal distension for 15 days and palpitation for 1 day as narrated by his mother Sawinder Kaur, to whom the seriousness of patient Sonu was also explained in writing and her right thumb impression was obtained. Abdominal distension was insidious onset, gradually progressive, continuous, associated with malena (black tarry stools). Palpitation was sudden onset, progressive even at rest, NYHA grade IV, which was associated with mild chest pain. There was no H/O AMI (Acute Myocardial Infection), TB, Bronchial Asthma. At the time of admission, his blood pressure was raised, Respiratory rate was 42/min (Kussmaul type acidotic breathing). He had pallor with no edema. Eyes showed that pupils were in mid-position and normally reacting to light. Cardiovascular (CVS) and Respiratory system were normal except respiratory rate of 42/minute. His medical history (narrated by her mother Sawinder Kaur) revealed that he was a patient of Type I Diabetes Mellitus since 15 years, chronic alcoholic for 2 years and occassional drug addict and smoker also. Abdominal examination revealed dist with soft adbomen with no organomegaly.
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The patient was admitted by Dr. Vanita Kapoor, Professor Incharge Surgery Unit IV who advised some investigations and treatment guidelines. The patient was immediately put on oxygn (life saving treatment), Injection Insulin, Injection Dopamine, Injection Adrenaline, Injection Efcorlin, Injection Ceftriaxone, Injection Metrogyl, 2 hourly Ryle tube aspiration. The treatment was immediately carried out. The patient was immediately checked up , investigated and treated by highly qualified doctors. In the mean time Laboratory investigations including Hb,TLC, DLC, RBS,B.Urea, S. Creatinin, S.Bilirubin, SGOT, SGPT, TSP, DSP,SAP urine for ketone bodies, HBSAg,HCV, S.Amylase,S.Lipase,Serum NA and Serum K Serum NA was 129 meq/I,Serus K was 5.2 meq/L which was corrected.ECG showed sinus tachycardia, poor progress of R wave, RBS was 160 mg/. Plain Xray abdomen and U/S abdomen could not be done since the patient was not hemodynamically stable. He had focal convulsions in the hospital. At 11.00 a.m dated 15.3.2013 , patient became unconscious but responding to painful stimuli and at 11.45 am , patient was still unconscious but not responding to painful stimuli and Injection dobutamine was added with above treatment. At 12.00 p.m dated 15.3.2013, patiernt still unconscious with CVS revealing SI and S2 muffled, CPR started, he was given Injection adrenaline, Injection Atropine, Injection Efcorline and CPR continued. At 12.15 p.m, CPR continued with CVS revealing S1 and S2 muffled to absent. Above life saving measurs continued but paient was in critical
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condition and was declared dead at 12.20 p.m on 15.3.2013 and could not be saved inspite of best possible treatment available. Opposite party No.2 further submitted that the diagnosis of the patient was Type I Diabetes Mellitus and Chronic Alcoholic and addict with cardiogenic shock ?? Septecemia ?? Pulmonary edema ?? Peritonitis ?? Ketoacidosis ?? acute pancreatitis ?? acute erosive gastritis. The cause of death could be septecemia or peritoniis or electrolyte disturbances or intestinal perforation ?? Peptic Ulcer ??. It was submitted that there was history of patient Sonu suffering from Type I Diabetes who was on insulin therapy and also he was chronic alcoholic . The patient remained admitted in the emergency of GND Hospital for 3 hours and 35 minutes. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Opposite party No.3 in its written version has submitted that there is no privity of contract between complainant and opposite party No.3 nor any direct liability can be affixed on opposite party No.3. If opposite party No.1 is held liable for any lapse in the medical treatment of the patient, then opposite party No.3 shall consider and settle the claim of the insured as per terms and conditions of the policy taken by opposite party No.1 from opposite party No.3.
5. Complainant tendered into evidence her affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-12.
6. Opposite party No.1 tendered affidavit of Dr.Davinder Singh Ex.OP1/1,
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patient treatment record Ex.OP1/2, copy of report of Board of Doctors Ex.OP1/3, copy of letter dated 28.11.2013 Ex.OP1/4, copy of documents of Apex Insurance Consultant Ltd. Ex.OP1/5.
7. Opposite party No.2 tendered affidavit of Dr.N.S. Neki Ex.OP2/1.
8. Opposite party No.3 tendered affidavit of Sh.Surinder Singh, Divisional Manager Ex.OP3/1, insurance policy with terms and conditions Ex.OP3/2.
9. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties it is clear that son of the complainant namely Ravinder Singh alias Sonu felt some pain in his stomach on 14.3.2013 at about 11.00 p.m. He was rushed to opposite party No.1, who admitted Ravinder Singh alias Sonu in his hospital. The complainant deposited the requisite fee . The complainant alleges that she deposited the requisite fee for the treatement of her son Ravinder Singh alias Sonu but inspite of that Dr. Davinder Singh did not care/attend the paient through out the night and only one injection was given at about 8.30 a.m on 15.3.2013. After injection the patient started writhing. Then Dr. Davinder Singh immediately took the patient in his own hospital Ambulance vehicle to Guru Nanak Dev
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Hospital, Amritsar where the patient was admitted but the doctors at Guru Nanak Dev Hospital could not save the life of Ravinder Singh alias Sonu , who expired at about 11.00 a.m on 15.3.2013. The complainant alleges that Ravinder Singh alias Sonu died due to negligence, deficiency and wrong treatment on the part of Dr.Davinder Singh Jossan, opposite party No.1. Ld.counsel for the complainant further raised oral submissions that opposite party No.1 Dr.Davinder Singh Jossan is BAMS but he had given and recommended all the Allopathic medicines for the treatment of patient Ravinder Singh alias Sonu which also amounts to medical negligence on the part of opposite party qua the complainant. Ld.counsel for the complainant submitted that opposite parties prepared reports in connivance with each other to save opposite party No.1. The said reports are forged and fabricated one . The enquiry report dated 28.11.2013 given by the board of Doctors constituted by the Asstt. Civil Surgeon, Amritsar is also procured one just to save opposite party No.1. The said report is based on conjectures and surmises and against the medical rules. The complainant further alleged that patient Ravinder Singh alias Sonu was not suffering from diabetes nor he was taking any kind of alcohol. Rather he was handicaped but he was body builder and had obtained many prizes from competitions. The complainant alleges that Ravinder Singh alias Sonu died due to negligence in the medical treatment and deficiency of service on the part of opposite party No.1.
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10. Whereas case of opposite party No.1 is that patient Ravinder Singh alias Sonu was brought to Jossan Hospital in a serious condition on the intervening night of 14 and 15 March,2013. Patient was admitted in emergency in serious condition at 00.45 hours (15.3.2013). He was examined by the surgical specialists for septicemia due to Peritonitis . The patient was also suffering from diabetes and had a history of excessive alcohol intake and unertaking other drugs as revealed by relatives of the patient. His blood pressure and pulse were not recordable. He was given treatment in the form of medicines like dopamine, noradrenaline, deriphyline which are used for the management of a serious case. A written consent of the seriousness of the condition was taken and the same was explained in Punjabi to his mother, who thumb marked the same in token of its correctness. Opposite party No.1 after seeing the serious condition of the patient gave him injection hydrocortisone I/V and referred him to the emergency at Guru Nanak Dev Hospital in his own Ambulance. Opposite party No.1 has done everything diligently, prudently with due care and caution. The admission card of the paient is Ex.OP1/2 which included Lab tests and treatment chart/progress report. He further submitted that complainant lodged complaint against opposite party No.1 to the Deputy Commissioner Amritsar, who further sent the same for enquiry and report to Civil Surgeon, Amritsar and the Civil Surgeon, Amritsar constituted a board of doctors, who conducted detailed enquiry of the medical treatment of the patient done by
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opposite party No.1 at Jossan Hospital, Amritsar and submitted their report Ex.C-6 which was sent to Deputy Commissioner ,Amritsar by Civil Surgeon, Amritsar vide letter dated 2.12.2013 Ex.C-5. In the report Ex.C-6 the board of doctors submitted that they took opinion of the experts doctors of Guru Nanak Dev Hospital in this regard and they do agree with the opinion expressed by the doctors of Guru Nanak Dev Hospital and found that there is nothing to suggest that any negligence had been committed by Dr.Davinder Singh Jossan in treating the patient Ravinder Singh alias Sonu. Ld. Counsel for opposite party No.1 submitted that there is no deficiency of service in the treatment of the patient on the part of opposite party No.1. Ld.counsel for opposite party No.1 further submitted that doctor having BAMS degree is competent to prescribe Allopathic medicines and even to do surgery as per Punjab Govt. leter dated 18.6.2004 and further notification dated 22.1.2004 bearing No. B/5/96/AY/MM of Central Council of Indian Medicine Institutional Area , New Delhi and as held by the Hon'ble State Commission of UT, Chandigarh in case Harjot Singh Vs. Manoj Nursing Home 2009(1) CLT 605.
11 Whereas case of opposite party No. 2 is that Ravinder Singh alias Sonu son of the complainant was brought to the emergency of Guru Nanak Dev Hospital, Amritsar and was admitted there on 15.3.2013 at 8.45 a.m morning in a critical condition with complaints of abdominal distension for 15 days and palpitation for 1
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day as narrated by his mother Sawinder Kaur, to whom the seriousness of patient Sonu was also explained in writing and her right thumb impression was obtained. Abdominal distension was insidious onset, gradually progressive, continuous, associated with malena (black tarry stools). Palpitation was sudden onset, progressive even at rest, NYHA grade IV, which was associated with mild chest pain. There was no H/O AMI (Acute Myocardial Infection), TB, Bronchial Asthma. At the time of admission, his blood pressure was raisded, Respiratory rate was 42/min (Kussmaul type acidotic breathing). He had pallor with no edema. Eyes showed that pupils were in mid-position and normally reacting to light. Cardiovascular (CVS) and Respiratory system were normal except respiratory rate of 42/minute. His medical history (narrated by her mother Sawinder Kaur) revealed that he was a patient of Type I Diabetes Mellitus since 15 years, chronic alcoholic since 2 years and occassional drug addict and smoker also. Abdominal examination revealed dist with soft adbomen with no organomegaly. The patient was admitted by Dr. Vanita Kapoor, Professor Incharge Surgery Unit IV who advised some investigations and treatment guidelines. The patient was immediately put on oxygen (life saving treatment), Injection Insulin, Injection Dopamine, Injection Adrenaline, Injection Efcorlin, Injection Ceftriaxone, Injection Metrogyl, 2 hourly Ryle tube aspiration. The treatment was immediately carried out. The patient was immediately checked up , investigated and treated by highly qualified doctors. In
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the mean time Laboratory investigations including Hb,TLC, DLC, RBS,B.Urea, S. Creatinin, S.Bilirubin, SGOT, SGPT, TSP, DSP,SAP urine for ketone bodies, HBSAg,HCV, S.Amylase,S.Lipase,Serum NA and Serum K Serum NA was 129 meq/I,Serus K was 5.2 meq/L which was corrected.ECG showed sinus tachycardia, poor progress of R wave, RBS was 160 mg/. Plain Xray abdomen and U/S abdomen could not be done since the patient was not hemodynamically stable. He had focal convulsions in the hospital. At 11.00 a.m dated 15.3.2013 , patient became unconscious but responding to painful stimuli and at 11.45 am , patient was still unconscious but not responding to painful stimuli and Injection dobutamine was added with above treatment. At 12.00 p.m dated 15.3.2013, patiernt still unconscious with CVS revealing SI and S2 muffled, CPR started, he was given Injection adrenaline, Injection Atropine, Injection Efcorline and CPR continued. At 12.15 p.m, CPR continued with CVS revealing S1 and S2 muffled to absent. Above life saving measures continued but paient was in critical condition and declared dead at 12.20 p.m on 15.3.2013 and could not be saved inspite of best possible treatment available. Opposite party No.2 further submitted that the diagnosis of the patient was Type I Diabetes Mellitus and Chronic Alcoholic and addict with cardiogenic shock ?? Septecemia ?? Pulmonary edema ?? Peritonitis ?? Ketoacidosis ?? acute pancreatitis ?? acute erosive gastritis. The cause of death could be septecemia or peritoniis or electrolyte disturbances or intestinal
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perforation ?? Peptic Ulcer ??. The patient was brought to Guru Nanak Dev Hospital in a critical condition and he expired at 12.20 p.m on 15.3.2013.
12 They denied that opposite party No.1 in connivance with opposite party No.2 forged and fabricated reports. The doctors of Opposite party No.2 hospital discharged their duties to the best of their ability. Opposite party No.2 further submitted that there was history of patient Sonu suffering from Type I Diabetes and was on Insulin therapy. He was chronic alcohlic but occassional addict as per history file of the patient. The details of previous medical treatment record of the patient from Jossan Hospital, Amritsar was not submitted to Guru Nanak Dev Hospital at the time of admission of the patient in emergency. The patient remained admitted in emergency of Guru Nanak Dev Hospital, Amritsar for 3 hours and 35 minutes only. Opposite party No.2 submitted that there is no deficiency of service or medical negligence on the part of the opposite party No.2 qua the complainant.
13 Whereas case of opposite party No.3 is that there is no privity of contract between complainant and opposite party No.3 nor any direct liability can be affixed on opposite party No.3. If opposite party No.1 is held liable for any lapse in the medical treatment of the patient, then opposite party No.3 shall consider and settle the claim of the insured as per terms and conditions of the policy taken by opposite party No.1 from opposite party No.3. Ld.counsel for opposite party No.3 submitted that there is no deficiency of service on the part of opposite party No.3
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qua the complainant.
14 From the entire above discussion, we have come to the conclusion that patient Ravinder Singh alias Sonu son of the complainant became seriously ill and he was brought to opposite party No.1 hospital on the intervening night of 14 and 15 March, 2013. Condition of the patient was very serious as he was suffering from Septecemia with Diabetes Mellitus as per admission card of the complainant Ex.OP1/2. His blood pressure and pulse were not recordable . He was admitted by opposite party No.1 in his hospital i.e. Jossan Hospital, Mehta Road, Amritsar at 00.45 hours on 15.3.2013. Patient was suffering from Diabetes Mellitus and had history of excessive alcohol intake and undertaking other drugs as revealed by the relatives of the patient. Opposite party No.1 took written consent of the seriousness of the condition from the mother of the patient i.e. complainant. The same was explained in Punjabi to her and she thumb marked the same in token of its corrrectness which is at page No. 10 of the medical treatment record of Jossan Hospital of the patient Ex.OP1/2. The complainant was given treatment in the form of medicines like dopamine, noradrenaline, deriphyline which are used for the management of the serious case as is evident from the treatment record of the patient Ex.OP1/2. However, condition of the patient was very serious and he was given injection hydrocortisone I/V and he was referrerd to the Emergency at Guru Nanak Dev Hospital at 6.30 a.m by opposite party No.1 in the Ambulance vehicle
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of opposite party No.1 hospital. So patient remained in the hospital of opposite party No.1 for treatment for a period of 5 hours and 45 minutes. Medical treatment record of the patient at Guru Nanak Dev Hospital attached with Govt.Medical College, Amritsar i.e. bed head ticket Ex.OP1/6 and the affidavit filed by Dr. N.S.Neki, Prof. Of Medicines Incharge, Medical Unit IV of Guru Nanak Dev Hospital, Amritsar fully prove that patient was admitted in Guru Nanak Dev Hospital,Amritsar on 15.3.2013 at 8.45 a.m in a critical condition with complaint of Abdominal distension for 15 days and palpitation for 1 day as narrated by his mother Sawinder Kaur, to whom the seriousness of patient Sonu was explained in writing and her thumb impression were obtained . Abdominal distension was insidious onset, gradually progressive, continuous, associated with malena (black tarry stools). Palpitation was sudden onset, progressive even at rest, NYHA grade IV, which was associated with mild chest pain. There was no H/O AMI (Acute Myocardial Infection), TB, Bronchial Asthma. At the time of admission, his blood pressure was raisded, Respiratory rate was 42/min (Kussmaul type acidotic breathing). He had pallor with no edema. Eyes showed that pupils were in mid-position and normally reacting to light. Cardiovascular (CVS) and Respiratory system were normal except respiratory rate of 42/minute. His medical history (narrated by her mother Sawinder Kaur) revealed that he was a patient of Type I Diabetes Mellitus since 15 years, chronic alcoholic for 2 years and occassional
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drug addict and smoker also. Abdominal examination revealed dist with soft adbomen with no organomegaly. The patient was admitted by Dr. Vanita Kapoor, Professor Incharge Surgery Unit IV who advised some investigations and treatment guidelines. The patient was immediately put on oxygen (life saving treatment), Injection Insulin, Injection Dopamine, Injection Adrenaline, Injection Efcorlin, Injection Ceftriaxone, Injection Metrogyl, 2 hourly Ryle tube aspiration. The treatment was immediately carried out. The patient was immediately checked up , investigated and treated by highly qualified doctors. In the mean time Laboratory investigations including Hb,TLC, DLC, RBS,B.Urea, S. Creatinin, S.Bilirubin, SGOT, SGPT, TSP, DSP,SAP urine for ketone bodies, HBSAg,HCV, S.Amylase,S.Lipase,Serum NA and Serum K Serum NA was 129 meq/I,Serum K was 5.2 meq/L which was corrected.ECG showed sinus tachycardia, poor progress of R wave, RBS was 160 mg/. Plain Xray abdomen and U/S abdomen could not be done since the patient was not hemodynamically stable. He had focal convulsions in the hospital. At 11.00 a.m dated 15.3.2013 , patient became unconscious but responding to painful stimuli and at 11.45 am , patient was still unconscious but not responding to painful stimuli and Injection dobutamine was added with above treatment. At 12.00 p.m dated 15.3.2013, patiernt still unconscious with CVS revealing SI and S2 muffled, CPR started, he was given Injection adrenaline, Injection Atropine, Injection Efcorline and CPR continued. At 12.15 p.m, CPR
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continued with CVS revealing S1 and S2 muffled to absent. Above life saving measures continued but paient was in critical condition and was declared dead at 12.20 p.m on 15.3.2013 and could not be saved inspite of best possible treatment available. Opposite party No.2 further submitted that the diagnosis of the patient was Type I Diabetes Mellitus and Chronic Alcoholic and addict with cardiogenic shock ?? Septecemia ?? Pulmonary edema ?? Peritonitis ?? Ketoacidosis ?? acute pancreatitis ?? acute erosive gastritis. The cause of death could be septecemia or peritoniis or electrolyte disturbances or intestinal perforation ?? Peptic Ulcer ??. The patient was brought to Guru Nanak Dev Hospital in a critical condition and he expired at 12.20 p.m on 15.3.2013.
15 So all this shows that the complainant was admitted in opposite party No.1 hospital in a very serious condition as is evident from medical treatment record of the patient at the hospital of opposite party No.1 Ex.OP1/2 and he was given best medical treatment but the condition of the patient did not improve and ultimately he was given injection hydrocortisone I/V and seeing the serious condition of the patient he was referred and sent to Guru Nanak Dev Hospital,Amritsar by opposite party No.1 in the Ambulance vehicle of the hospital of opposite party No.1. The patient remained admitted in hospital of opposite party No.1 for a period of 5 hours and 45 minutes only. The plea of the complainant that patient was not given any medical treatment for whole of the night and ultimately he was given injection at
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about 8.30 a.m on 15.3.2013 and after injection patient Ravinder Singh alias Sonu started writhing, is not tenable because as per record of opposite party No.1 hospital, the patient was discharged and referred to Emergency of Guru Nanak Dev Hospital,Amritsar at 6.30 a.m. Moreover, there is nothing on record that after injection given by opposite party No.1 at his hospital patient started writhing. Not only this the complainant lodged complaint against opposite party No.1 in this regard to Deputy Commissioner Amritsar, who referred the matter for investigation and report to Civil Surgeon, Amritsar, who constituted a team of doctors i.e. Dr. Rajeev Mehra, Dr. Mandeep Singh and Dr. Anu Sharma, who investigated the matter and submitted their report Ex.C-6 which was sent by the Civil Surgeon, Amritsar to the Deputy Commissioner ,Amritsar vide letter dated 2.12.2013 Ex.C-5. In the said report Ex.C-6 the team of doctors thoroughly investigated the complaint lodged by the complainant, medical treatment record of the complainant at opposite party No.1 hospital i.e. Jossan Hospital, Amritsar. They also sought opinion and report from Medical Superintendent, Guru Nanak Dev Hospital which is attached with the Govt.Medical College, Amritsar and ultimately submitted that there is nothing to suggest that any negligence has been committed by Dr. Davinder Singh Jossan in the medical treatment of this patient Ravinder Singh alias Sonu. So the complainant could not point out any deficiency in service or any medical negligence in the treatment of patient Ravinder Singh alias Sonu on the part of
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opposite party No.1 Dr. Davinder Singh Jossan at Jossan Hospital, Mehta Road,Amritsar.
16 Ld.counsel for the complainant further submitted that opposite party No.1 Dr. Davinder Singh Jossan is only BAMS but he has prescribed all the Allopathic medicines for the treatment of patient Ravinder Singh alias Sonu, whereas he was not competent to prescribe allopathic medicines and this amounts to negligence on the part of opposite party No.1 qua the patient Ravinder Singh alias Sonu. Here we do not agree with this contention of the ld.counsel for the complainant because as per letter bearing memo No. 21/19 2004-HB7/11124 dated 18.6.2004 of Govt. of Punjab, Department of Health and Family Welfare (Health 2 Branch) issued to Director Health & Family Welfare, Punjab, Chandigarh with copy to all the Civil Surgeons, District Registrar Board of Ayurvedic and Unani System of Medicines, Punjab, etc., etc., a person who has done BAMS can practise Indian systems of medicines and modern medicines including surgery. There is further notification dated 22.1.2004 bearing No. B/5/96/AY/MM of Central Council of Indian Medicines Institutional Area, New Delhi that doctors in Ayurveda are eligible to prescribe Indian systems of medicines and Modern medicines including surgery and as per the Govt. of India decision, the States were authorized to do so by a general or special order made by the concerned State Government in that regard. The doctors in Ayurveda can prescribe allopathic medicines under Rule 2
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(ee)(iii) only in those States and in Punjab the doctors having BAMS degree have been authorized to prescribe allopathic medicines . It has been held by the Hon'ble State Commission of UT Chandigarh in case Harjot Singh Vs. Manoj Nursing Home 2009(1) CLT 605 that BAMS doctor was competent to do surgery and to prescribe allopathic medicines in Punjab and there is no deficiency on the part of BAMS doctors prescribing allopathic medicines on this score.
17 In view of the above discussion, we are of the opinion that the complainant has failed to prove on record any deficiency of service or medical negligence in the treatment of patient Ravinder Singh alias Sonu on the part of the opposite party No.1.
18 Consequently we hold that present complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
28.10.2015 ( Bhupinder Singh )
President
/R/ ( Kulwant Kaur Bajwa) ( Anoop Sharma ) Member Member
