Dr. S.K. Anand Vs. M/s Fortis Hospital & Others.
Present: Sh. Navtej Singh Toor, Adv Counsel for complainant.
This complaint presented before us for admission of the same.
Brief facts of the present complaint are that the instant complaint filed by complainant, wherein alleged that he is a G.A.M.S doctor and is practicing general medicine at Jalandhar for the last 38 years. He was suffering from Angina on Efforts for some months with borderline ECG Changes and normal Lipid profile without any other health issues. The complainant visited OP No.1 for his consultation from Dr. HK Bali i.e. OP No.2 on 23.07.2015, where Dr. Bali made a cursory look at the medical record and directed complainant to come along with him for further investigation. During the investigation, not a single question was asked from complainant in respect of the past health history and complainant was told that he was to be subjected to Angiography for further evaluation, to which complainant agreed. The complainant was taken to Cath Lab, where the Angiography of complainant was performed by Dr. Himanshu Gupta i.e. OP No.3, in the presence of Dr.H.K. Bali (OP No.2) and not by Dr. H.K. Bali personally and while complainant was at Cath Lab table, Dr. H.K. Bali told complainant that there was blockage in two arteries and two stents will be needed to fix them. The complainant was not allowed to consult anybody, not even his attendant and was coxed to decide immediately while complainant was still lying on the table. The complainant was informed that the cost of the procedure will be between Rs.4.60 lakhs to Rs.4.90 lakhs in total, which includes the cost of stents, medicines, lab investigations, cost of stay in hospital, diet, professional fees of doctors and nursing care. Dr. H.K. Bali (OP No.2) did not provide with any alternative option to complainant and the complainant was pressurized to make immediate decision. Finding no other option, complainant opted for Angioplasty and Stenting.
That the procedure was then taken over by Dr. Himanshu Gupta (OP No.3) and Dr. HK Bali (OP No.2) acting like a passive spectator, while doctor Himanshu Gupta was doing the procedure, all of a sudden Dr. HK Bali (OP No.2) started shouting at Dr. Himanshu Gupta (OP No.3) for making a mistake whereby blood vessels were damaged while doing Angioplasty and Ballooning and in a huff Dr. HK Bali sent Dr. Himanshu Gupta out of the Cath Lab and started with the procedure himself. The complainant was not under Anesthesia and was aware of the surroundings. The complainant started suffering intense pain and was profusely sweating and fainting and he informed Dr. HK Bali (OP No.2) about his deteriorating condition. The situation led to serious attack of Myocardial Infarction and Dr. HK Bali had to call for Anesthetist and other staff and Dr. HK Bali became frantic and started shouting at the staff and others. It took near about two hours to complete the procedure and complainant suffered on account of negligence of Dr. HK Bali and Dr. Himanshu Gupta. At one stage, even the Anesthetist was ready to put complainant on ventilator. That a small procedure of Angioplasty, which normally takes 10-20 minutes, which is normally done without the help of Anesthetist was completed in two hours on account of gross negligence on the part of Dr. HK Bali (OP No.2) and his junior doctor Himanshu Gupta (OP No.3), which in fact, became life threatening where complainant suffered MI (Intra Luminar) and LVF.
That after remaining under intensive care for two days, the complainant was once again advised on 25.07.2015 to prepare himself for Angioplasty of the second vessel, to which the complainant refused, however, after much persuasion, the complainant agreed to it, when he was assured that no junior doctor will be taking up the charge and the procedure was completed in 10 minutes by Dr. HK Bali. That during this period, complainant remained in ICCU till 27th July, 2015 and on discharge, a total bill of Rs.5.88 lakhs was given to be paid, when the wife of complainant asked about the details from Dr. HK Bali, Dr. HK Bali misbehaved very badly with the wife of complainant and told her that they have done their best in the situation and have charged them very little. After the discharge, the complainant was not informed for further check up, rest and other precautions, which were required for a patient, who had suffered massive MI and LVF, due to the negligence of the doctor. The doctor never showed any remorse of his mistakes and instead of being human to the complainant was full of sarcasm.
That the complainant came back to Jalandhar and had been getting his after care from the doctors at Jalandhar, wherein the complainant has been advised bed rest, he has not been able to perform the duties for his family, not able to attend his duties to see his patients and was unable to move around in his social life as the procedure and trauma has depressed the complainant, which still persists, the complainant is unable to have proper sleep and has to take medicines for his intense chest pain.
That the complainant has been continuously suffering on account of negligence and unfair trade practice of the OPs at Jalandhar and have been getting further treatment at Jalandhar. The suffering of the complainant is continuous and till today as such, the Consumer Forum at Jalandhar has got jurisdiction to entertain and decide the complaint and accordingly the instant complaint filed with the prayer that the OPs may kindly be directed to pay Rs.15,00,000/- on account of suffering, mental and physical harassment as well as on account of deficiency in service on their part and OPs be further directed to pay Rs.3,00,000/- as loss of professional earnings to the complainant and OPs be further directed to pay Rs.21,000/- as litigation expenses.
We have heard the learned counsel for the complainant and also gone through the case file very minutely.
After considering the all factum, we find that the complainant has impleaded three OPs, who all are from Mohali and moreover, the heart operation of the complainant was also conducted by the doctor at Mohali and no cause of action accrued at Jalandhar, the plea taken by the complainant in regard to occurring a cause of action at Jalandhar is only that the complainant has been continuously suffering on account of negligence and unfair trade practice of the OPs at Jalandhar and then getting further treatment at Jalandhar but we find that taking a further treatment from Jalandhar does not give any cause of action at Jalandhar because all alleged wrong thing has been done and conducted by the OP at Mohali and as such no cause of action arises at Jalandhar and therefore, the Consumer Forum at Jalandhar is having no jurisdiction to entertain the present complaint and therefore the same is dismissed and it is further ordered that complaint be returned to the complainant with the option to file the complaint in appropriate Forum i.e. at Mohali. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
25.07.2017 Member President
