CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No. 182/2010
SMT. MANJU RAKHEJA,
W/O MR. MUKESH RAKHEJA,
R/O E-132, EAST OF KAILASH,
NEW DELHI-110065.
………. Complainant
Vs.
- DR. R.K. HIMTHANI
(SENIOR CONSULTANT & HEAD)
C/O BATRA HOSPITAL & MEDICAL RESEARCH CENTRE
1, TUGHLAKABAD INSITIUTUIONAL AREA,
MEHRAULI BADARPUR ROAD, NEW DELHI-110062.
- BATRA HOSPITAL & MEDICAL RESEARCH CENTRE,
1, TUGHLAKABAD INSTITUTIONAL AREA,
MEHRUALI BADARPUR ROAD, NEW DELHI-110062.
- NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS OFFICE AT
21, COMMUNITY CENTRE, NEW FRIENDS COLONY
NEW DELHI.
- UNITED INDIA INSURANCE CO. LTD.
HAVING ITS OFFICE AT
30, 31-A, JEEVAN VIKAS BUILDING,
-
NEW DELHI-110002.
…………..Opposite parties
Date of Order: 12.07.2017
O R D E R
Ritu Garodia-Member
The complaint pertains to medical negligence by OPs. Complainant’s daughter was suffering from mild fever and stomach pain on 18.12.2009. She was advised by OP to undergo certain test including endoscopy and was admitted in hospital on 18.12.2009 in general ward.
It is alleged that unhygienic and unhealthy conditions of the said hospital resulted in severe infection which spread to her lungs. She was shifted to Intensive Care Unit and was put on a life supporting system. It is further alleged that the X-ray was done on 20.12.2009 after delay of two days and she expired on 01.01.2010 due to negligence of opposite party.
Complainant has annexed discharge summary, death summary and the progress report by the OP doctor.
OP in its reply has stated that the complainant’s daughter was admitted on 18.12.2009 at 04.30 p.m. with complaint of haematemesis (blood vomiting). She also had symptoms of fever with chills and rigors and dry cough. There was some blood in her vomit. It is also stated that she was a known case of Down’s syndrome with history of taking non steroidal anti-inflammatory drugs. It is also stated that on examination, the complainant’s daughter was conscious with pulse 86/min, BP 100/70 mmHG, respiratory rate 16/min, abdominal examination showed epigastric tenderness, CVS and chest examination normal. Same has been corroborated by the medical records placed on record. She was diagnosed with upper GI bleed on background of NSAID abuse with viral fever, IV fluids, emset for vomiting along with antibiotics. Some investigations were done. She continued have repeated vomiting mixed with fresh blood along with abdominal pain next two days. She was attended at least four times by senior resident on duty who prescribed suitable medications. An upper GI endoscopy was done on 19.12.2009 which revealed multiple erosions in the stomach. However, she developed temp of 101 on 20.12.2009. X-ray was done along with other test. Then, the patient was shifted to MICU. She was immediately put on oxygen, Nebulizer, Eltroxin. Echocardiography was also done to rule out cardiac cause. With this intensive treatment, her cyanosis disappeared and she was maintaining her vitals. It is further stated that she was having extensive pneumonia and despite intensive treatment along with ventilator support, she could not be saved.
Since the matter pertains to medical negligence, an expert opinion was sought from Lok Nayak hospital. The expert opinion of Medical Board presided by Dr. Manju Mehra, Additional M.S. (Admn.)/ Chairperson (MB) dated 30.9.2010 is replaced as follow :
With reference to your letter No. CDRF(X)/932 dated 13.04.2010 on the subject cited above, it is to inform that the meeting of the medical board in this case was held on 17.09.2010 and point wise Expert Opinion of the Medical Board is reproduced as under :-
- That, the patient Smt. Manju Rakheja was admitted with history of fever, vomiting and loose motion. On admission she was found to have the evidence of pneumonia. Within few days, her condition deteriorated and was put on mechanical ventilator. Clinical and radiological findings during her stay in the hospital revealed that she developed Acute Respiratory Distress Syndrome (ARDS).
- The committee members are of the opinions that the patient had possibly septicaemia leading to ARDS. Latter condition usually has the grave prognosis. The treating physician provided the proper and right treatment. Hence, there was no medical negligence by treating physician/ hospital.
We have given thoughtful consideration to the pleadings and the documents annexed.
The death summary dated 01.1.2010 is reproduced as follow :-
History : Miss Kishi Rakheja, 17 years female, a known case of down syndrome admitted with complaints of fever with cough for 3 days, loose motions for 2 days vomiting for 1 day. Fever was moderate to high grade associated with chills & rigors. Took some symptomatic treatment but got not relief. Vomiting 3 episodes last blood stained.
On examination patient was conscious, oriented, febrile (100°F).
BP-100/70 mm Hg, Pulse – 86/min. RR-16/ min.
Chest - Bilateral Percussion note impaired bilateral decreased air entry.
Bilateral crepts (+), right side > left side.
P/A – Epigastric tenderness (+), CVS / CNS – Clinically NAD.
Patient was started on I/V fluids, antibiotics, PPIs. Upper GI Endoscopy showed multiple linear erosions in body and ant rum, Duodenum 1st part few erosions seen. Patient clinical condition deteriorated for which she was intubated and ventilated on 21.12.2009. ET aspirates culture sensitivity showed Acinetobacter (MDR) sensitive to Colistin and partially sensitive to Magnex. Patient was put on pressure control mode and antibiotics changed accordingly, but her condition continued to deteriorate. Prone position ventilation was tried but even then her SpO2- continued to decrease. At 8.15 AM on 01.01.2010. Patient’s condition suddenly deteriorated, CPR – done, but inspite of all possible efforts and active management patient could not be resuscitated and declared dead at 09.30 AM on 01.01.2010.
Though the complainant states that medical care was not taken but she failed to specify what medical care was missing. Her statement that x-ray was taken only after two days has been explained by OP lung infection occurred lateron. OP doctors performed all the test which was deemed necessary at that point of time.
The medical board has also clearly stated that patient had developed Acute Respiratory Distress Syndrome (ARDS) and proper & right treatment has been provided to the patient and no medical negligence can be attributed to the treatment given.
Hence, the complaint is dismissed for reasons hereinabove.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R TAMTA) (RITU GARODIA) (A.S YADAV)
MEMBER MEMBER PRESIDENT
