PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

 

Tuesday, 17^th August 2010

 

      MD RASHEED AHMED son of Md.Yusuf sahib 

 

Vs.

Dr. U.RAMKRISHNA REDDY, M.D., son of not known

D.No.3/222, Christian lane,

Kadapa city and district.                                               ... Respondents  

 

  

This complaint coming on this day for final hearing on 10-8-2010 in the presence of Sri P. Yusuf Alikhan Bahamani, Advocate for complainant and Sri P.Subramanyam, Advocate for Respondent set exparte and upon perusing the material papers on record, the Forum made the following:-

 

 

 

1.      Complaint filed under section 12 of the Consumer Protection Act 1986.

2.                 The brief facts of the complaint are as follows:-  The complainant is retired STO, residing at Kadapa. On 10.6.2009 the complainant approached and consulted the respondent for medical treatment as he was suffering with pain in the left shoulder. The respondent advised the complainant to under go ECG test. The complainant had ECG test in the respondent clinic. The respondent collected Rs.200/- towards his fee from the complainant. As per the ECG report the respondent prescribed medicines to the complainant. On the advice of the respondent the complainant again approached the respondent on 13.6.2009 for the reason even though he was using the medicines prescribed by the respondent there was no use and pain was not reduced but increased in his left shoulder. So the complainant consulted the respondent on 13.6.2009. Again the respondent examined the complainant and prescribed medicines for 10 days, and collected consultation fee from the complainant. As there is no improvement the complainant again on 22.6.2009 approached the respondent, again the respondent prescribed medicines for 10 days more, for that, again the respondent collected his consultation fee. The complainant submits that due to the use of the medicines prescribed by the respondent, he suffered with loose motions black in colour. On 03.7.2009 at about 11.00 pm the complainant’s son Mohammad Muneer brought the complainant to the respondent’s clinic and there he made a telephone call to the respondent’s telephone no.08562-240556 from his cell phone by standing outside the clinic of the respondent and on receiving the call, one nurse came out and informed that respondent is not in town. Then the complainant’s son has taken the complainant to Dr.Khaleel Basha, M.B.B.S, Kadapa. The complainant got admitted in his nursing home and was examined by Dr.Khaleel Basha who found that hemoglobin was 4.8% gms and treatment was started to the complainant by transfusing the blood to the complainant.

3.                 From their on 04.7.2009 the complainant has shifted to Kurnool and got admitted in critical ward at VISWABHARATHI SUPER SPECIALTY HOSPITAL at about 10.00 pm. And after treatment the complainant was discharged on 9.7.2009. During the course of treatment the doctors of Viswabharathi Super Specialty Hospital informed to the complainant that by using the prescribed tablets of the respondent i.e., “CLAVIX-AS-150 (Asprin 150 mg)” from 13.6.2009 to 10 days. And from 22.6.2009 again for 10 days, each tablet per a day caused Ulcer Bleed Blood. In view of using respondent’s treatment, it made the complainant’s stomach to burn the blood. As a result of treatment prescribed by the respondent the complainant had loose motions black in colour and further inform to complainant that no one can advice to under go to test for ENDO-SCOPE, and no one prescribe “ASPRIN” tablets. The respondent had disposing the complainant by prescribing ASPRIN tablets without based knowing attention to the real problem which arise the complainant to suffer a lot. The respondent had failed to conduct ENDO-SCOPE test to the complainant who prescribed ASPRIN tablets which cause injurious to health. Because of the respondents negligence and defective diagnosis, it has caused mental agony to the complainant and made complainant a huge amount of Rs.30,000/-. Though it amounts to medical negligence because of the respondent’s negligence the complainant suffered both physically and mentally a lot. Moreover, in the respondent’s prescription it is disclosed that a slogan “                                             

4.                 The complainant has issued a registered legal notice to the respondent for his medical negligence and defective diagnosis, which caused mental agony to the complainant and the respondent is liable to pay Rs.50,000/-. Hence the complaint.

5.                 The respondent filed his counter stating that the complainant is put to strict proof of all the allegations made by him. The respondent submits that the complainant consult the respondent for treatment on 10.6.2009 and the respondent advice to undergo ECG test and the same was done in his clinic and he collected Rs.200/- are true. But the allegations that the respondent collected consultation fee from the complainant on 13.6.2009 was false. The respondent submits that he is not in such a habit of collecting consultation fee from the patients who consult him within 3 days after their first visit. It is true that on 22.6.2009 the complainant again consulted the respondent and the respondent collected his consultation fee. But the allegation that the complainant suffered from loose motions black in colour and on 3.7.2009 at about 11.00 pm his son approached with the complainant to the respondents clinic and complainant was informed that the respondent was not in town, on that his son took the complainant to Dr.Khaleel Basha for better treatment their the complainant was treated with transfusing the blood and the complainant shifted to Viswa Bharathi Super Specialty Hospital and admitted in critical ward on 4.7.2009 and discharge on 9.7.2009 are not known to the respondent. It is submitted by the respondent that the allegations made by the doctors at Viswa Bharathi Super Specialty Hospital, Kurnool that by taking “CLAVIX-AS-150” (Asprin tablet 150mg) caused the complainant Ulcer and Bleeding of blood and informed the complainant that no one to advice to under go test for ENDO-SCOPE and no one should prescribe Asprin tablets are unwanted and unfounded. The allegation that the respondent failed to take endoscope test but prescribed Asprin tablets which is injurious to health is misconceive and imaginary as endoscope is generally indicated whenever a patient given history of Stomach pain, Burning sensation in the stomach, Vomitings, Indigestion, Gastric Ulcer and Duodenal Ulcers admitted the complainant has approached the respondent and consulted him for medical treatment as he was suffering from pain in the left shoulder. Hence the question of advice by respondent to the complainant to undergo endoscope did not arrive as it is not a pre-requisite for treatment of shoulder pain. The allegations that the cause of negligence and defective diagnosis of respondent, the complainant suffered mental agony and made him to spending huge amount and that without conducting endoscopy the respondent suggested Asprin tablets to the complainant and it is caused him to undergo untold suffering became weak in physique landed in debts and required rehabilitation and good diet at least for 3 months to regain strength are false and invented for the purpose of the present case. And the respondent further submits that he had issued a suitable reply notice to the complainants legal notice calling upon him to produce the documentary proof that is receipts and medical bills issued by him in report or certificate given by Viswa Bharathi Super Specialty Hospital, Kurnool to say that the complainant suffered by taking CLAVIX-AS-150 mg (Asprin 150 mg) and had bleeding and suggested that without under going endoscope test no one should prescribe Asprin tablets but without producing any documents the complainant has straight away filed the complaint. The respondent submits that the complainant was presented before him with left shoulder pain for which no endoscope examination is required. For the complaint of left shoulder pain E.C.G was taken and diagnosed as C.A.D (Coronary Artery Disease) ANTEROLATARAL ISCHEMA for which treatment started immediately. For C.A.D drug of the choice is Nitrates (Monotrate) and anti platelet agents i.e., ECOSPRIN+CLOPIDOGREL, all over the world. As seen from the documents filed from the complainant at Kurnool Viswa Bharathi Super Specialty Hospital, they have investigated thoroughly and diagnosed as a C.A.D for the same Nitrates (Monotrate 20 mg) have been prescribed by them for the complainant. The respondent further submits that the complainant have never complaint of Abdominal Pain/Dyspepsia/Regurgitation in any visits to the respondents. So gastric complications were not suspected by the respondent. Those facts can be confirmed by the progress and on investigation report of the respondent’s hospital. But the complainant has utterly failed to produce all the documents of respondent’s hospital. It is further submitted that short term usage of film coated Asprin (Ecosprin) does not cause in sometimes of gastric ulcers. The medicine prescribed by the respondent i.e., CLAVIX-AS contains low dose of film coated Asprin which is very safe for C.A.D patients. Hence it can be said that there is no negligence in terms to the complainant on the part of the respondent. The respondent further submits that as seen from the upper G.I. Endoscope done by Shri Sai Gurudatta Endoscope Center, Gayathri Estates, Kurnool. It shows M.W Ter at Oesophages and Prepyloric region. It is pertinent to submit that all the dissolution of drug Asprin (Ecosprin) starts at the levels of Stomach and Duodenum but in the case of complainant the ulcer is noticed in the Oesophages and Prephyloric part. So it is not way related to the use of Ecosprin and formation of Ulcer or Tear in the present case.

6.                  The respondent submits that he is not treated the complainant improperly or carelessly or negligently. The respondent as act prudently under circumstances remaining and not medical norms. The complainant has exaggerated the facts and invented the false story to caused damage to the reputation and goodwill of the respondent in the eyes of the general public. So this complaint may be dismissedwith costs.

Exhibits marked on behalf of the complainant.

  Ex.A16:            Original Clinical Laboratory Report (Blood test report) of

 

  Ex.A18:            Original E.C.G test dt.06.7.2009

 

1.     Whether there is negligence on the part of the respondent?

2.     Whether the complainant is liable for compensation?

3.     To what relief?

7. Points No. 1 & 2.  The complainant who is a retired STO consulted the respondent for medical treatment on 10.6.2009 for suffering pain in his left shoulder. The respondent advised the complainant to under go ECG test. As per the respondent’s advice, the complainant had ECG test. After going through the test report the respondent prescribed medicines and collected his consultation fee of Rs.200/- from the complainant. Again on 13.6.2009 as there was no relief in the left shoulder pain the complainant consulted the respondent. But there is no proof to say that the respondent had again taken Rs.200/- as his consultation fee. Again on 22.6.2009 the complainant approached the respondent and the respondent prescribed same medicines to the complainant. On 3.7.2009 the complainant suffering from loose motions black in colour and his son brought him to the respondent’s clinic at about 11.00 pm and they noticed that the respondent was not in town. On that the complainant’s son took him to Dr.Khaleel Basha for treatment. There is no proof of documents that the complainant was tested and his blood transfused at Dr.Khaleel Basha Nursing home. There is only one clinical lab report exhibit A7 which is the only blood test report, which shows the hemoglobin, is at 4.8% grams. There is no proof that on 3.7.2009 at about 11.00 pm the complainant went to the respondent’s clinic and found that the respondent was not in town. After that on 4.07.2009 the complainant was shifted to Viswa Bharathi Super Specialty Hospital, Kurnool at about 10.00 pm and he was discharged on 9.7.2009. There is no proof of documents that the doctors at Viswa Bharathi Super Specialty Hospital informed the complainant that by using the prescribed tablets of the respondent i.e., CLAVIX – AS -150 (Asprin 150] from 13.6.2009 to 22.6.2009, one tablet per day caused Ulcer bleed blood. There is no proof of any certificates that due to Asprin tablets the complainant had loose motions black in colour. Normally it is not necessary to have Endoscope test for the left shoulder pain. Endoscope test is generally advised to the patients with the history of Stomach pain, burning sensation in Stomach, Vomitings, Indigestion, Gastric Ulcer and Duodenal Ulcers. Here in this case the complainant consulted the respondent for left shoulder pain for which the Endoscope examination is not necessary. For the complaint of the left shoulder pain of the complainant the respondent advised ECG and diagnosed as C.A.D (Coronary Artery Disease] Anterolataral Ischema was found and for the same the respondent had started the treatment. The complainant had never complained of abdominal pain or any irregularities in the Abdomen so gastric complications were not suspected by the respondent.

8.       The complainant himself deposed in his cross examination that he do not know about the drugs administered to him by Dr.Khaleel Basha except giving the syrup Antacid. On 4.7.2009 the complainant had laboratory tests at Viswa Bharathi Super Specialty Hospital, Kurnool, in which the hemoglobin of the complainant is shown as 7.4 grams under exhibit A10. The complainant did not know about his health complaints made by his sons to the doctors at Viswa Bharathi nursing home, Kurnool. The complainant himself deposed that he had no Stomach pain when he had motions. And again the complainant deposed that he do not know that how the Endoscope test was conducted on him at Kurnool. The complainant himself deposed that he underwent surgery of Prostrate Gland about 16 years back in the nursing home Dr.Mehaboob Peera by Dr.O.Ramesh. There was a left over piece of Prostrate Gland near bladder and he had urinary problem. Again the complainant himself deposes that he had not reported his earlier history of undergoing surgery of Prostrate Gland to the respondent. Exhibits A1 to A21 did not support the case of the complainant. Exhibit A21 clearly shows that Asprin is life saving drug for C.A.D patients.

9.  Point No. 3: In the result, the complainant is dismissed without costs.

       Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 17^th August, 2010

 

 

 

Witnesses examined.

For Complainant    NIL                                           For Respondent:         NIL

 

Exhibits marked for Complainant: -  

 

  Ex.A5:              Original doctor prescription of Pavan Hospitals by

 

 

Exhibits marked for Respondents: -           ----NIL------

                             1) Sri P.Yusuf Alikhan Bahamani, Advocate for complainant.

2) Copy was dispatched on      :

3) Copy of delivered to parties :