Haryana

Karnal

459/13

Harpreet - Complainant(s)

Versus

Paras Nursing home - Opp.Party(s)

Sh. A.S. Virk

16 Nov 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL. 

                                                     Complaint No. 459 of 2013

                                                    Date of instt.20.11.2013

                                                     Date of decision 16.11.2017

 

Harpreet Kaur (since deceased) wife of Shri Gurpinder Singh, now represented through (i) Gurpinder Singh- husband, (ii) Harkirat Singh- minor son of late Smt. Harpreet Kaur, both residents of House no.27, village Mandi Sadra, Tehsil Gulha, District Kaithal. Minor Harkirat Singh through his father and natural guardian Shri Gurpinder Singh who has got no adverse interest to that of the minor.

                                                                                 ……..Complainant.

                                        Versus.

1. Paras Nursing Home, main Market, Sector-7, Urban Estate, Karnal through its proprietor Dr.Amit Bansal.

2. Amrit Clinic, Chaura Bazar, Karnal through its Proprietor Dr.Rajiv Gupta.

3  United India Insurance Company Limited, 60, Janpath Cannaught Place, New Delhi-110 001 through its Professional Indemnity (Medical Establishments) Insurance Policy bearing no.040100/46/12/32/00001994, defective from 14.6.2012 to 13.6.2013.

                                                                      ..…Opposite Parties.

 Complaint u/s 12  of the Consumer Protection Act 1986.

Before     Sh. Jagmal Singh……….President.

                Ms. Veena Rani………Member

                Sh.Anil Sharma…….Member.

 

Present:   Sh. A.S.Virk Advocate for the complainant.

                 Opposite parties no.1 and 2 exparte.

                 Shri Y.P. Arora Advocate for OP no.3.

                       

                (JAGMAL SINGH, PRESIDENT)

 

 ORDER:

 

                This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986, on the averments that Harpreet Kaur (since deceased) had suffering from stomach pain and for that she went to the Nursing home of the OP no.1, after conducting x-ray and other tests, a stone in her Pancreas (Pitta) was diagnosed by OP no.1 and she had suggested  for operation on 29.3.2013, the Op no.1 had operated upon which Pancreas was removed and for that operation, the OP no.1 charged a sum of Rs.30,000/-. OP no.1 discharged her and asked to come on 3.4.2013 for check up. On 3.4.2013 she visited in the hospital of OP no.1 with the complaint pain in her abdomen, but OP no.1 ignored the pain asked her to rest at home. On the same night i.e. on 3.4.2013, she had severe pain in her abdomen and other complications like vomiting, headache etc. Her father-in-law of contacted to Dr. Amit Bansal and Dr. Amit Bansal told some medicines, but after taking those medicines, her condition became more deteriorated. She was brought to the hospital of OP no.1 got conducted ultrasound on 6.4.2013 from Isha Ultrasound Centre, Karnal and the report/opinion of the concerned doctor was “USG wle abdomen reveals free fluid abdominal cavity with mild hepatomegaly.” OP no.1 suggested another operation and for that she had called Dr.Ajay Gupta for implanting a Stent and a major operation was conducted for implanting the stent. Both the OPs had fitted an extra pipe for draining the extra fluid collected in her stomach due to the wrong operation conducted earlier by the OP no.1. He remained admitted from 6.4.2013 to 18.4.2013 and Rs.15,000/- per day was charged by OP no.1 besides medicines. Total four operations were conducted by the OP no.1 but could not make her cured. OP no.1 took Rs.2 Lakhs for said treatment. On 18.4.2013, when his condition become out of control, then OP no.1 referred her to OP no.2. OP no.2 charged Rs.40,000/-. OP no.2 gave a report:

“Lab Cholecystectomy Done on (29.3.2013) in Paras Hospital after that evidence of some Billiary Leakage then Ercp & Stenting Doen in Paras Hospital on 7.4.2013. Followed by Pain ABD with Vomiting- Speticma and Shock.” When OP no.2 could not control his condition then on 19.4.2013 OP no.2 referred her to Fortis Hospital. Then she was taken to Fortis Hospital, Mohali on 19.4.2013 and a CT scan was conducted. An operation was conducted on 20.4.2013. On 26.4.2013 Indoscopy was done and yet another operation was also conducted and the Stent fitted by the OPs was removed and another stent was placed. Dr. Mohinish Chhabra MD (PGI DM Gastroenterology (PGI) Sr. Consultant gave ERCP report dated 26.4.2013. She was discharged from FORTIS Hospital on 29.4.2013 and a sum of Rs.5,75,000/- were charged. The doctors told her that the operation conducted at Karnal was wrongly conducted and Stent was not properly placed to this the said complications were erupted. She was still under the treatment of FORTIS Hospital, as he was fully cured and she cannot do any work. Her disease was not so critical but the operation conducted upon her by OPs made it so critical and complicated. Due to this act and conduct of the OPs, she suffered mental pain, agony and sufferings and filed the present complaint.

2.             Notice of the complaint was given to the OPs. OPs no.1 and 2 appeared and filed written statement raising preliminary objections with regard to maintainability; cause of action and concealment of material facts. The facts are that Harpreet Kaur (hereinafter referred as deceased) aged 29 years had visited the OP no.1 hospital on 29.3.2013 with the complaint of abdominal pain and flatulent dyspepsia since the last one month. On the same day, USG and other test were conducted by OP no.1 which revealed “gall bladder physiologically distended, lumen showing two hyperechoic calculus 136mm and 164 mm casting shadow one at fundus and other non mobile appearing in neck region as such, the patient was diagnosed to be case of Cholelitghiasis. The deceased and her relatives accordingly consented for the laparoscopic cholecystectomy. The surgery was performed on the same day i.e. on 29.3.2013. On 30.3.2013 the deceased was discharged in a satisfactory and normal condition. On 6.2.2013 deceased again visited the OP no.1 with the complaint of repeated vomiting. USG and other tests of the deceased were conducted. “Gall bladder not seen, evidence of free fluids around tail of pancreas and pelvis and gall bladder fossa.” The deceased was diagnosed with free fluid abdominal cavity with mild hepatomegaly. As such the deceased was admitted and IV fluids and antibiotics were administered. The deceased was advised for ERCP and the same was conducted on 7.4.2013 by Dr. Ajay Gupta. The ERCP report revealed “ Thin normal CBD with gross leakage of cystic duct stump” therefore EPT was done and stent was placed.” It is pertinent to mention here that second opinion from other surgeon was also taken on 10.4.2013. On 12.4.2013 again USG and other tests were conducted which revealed “CBD normal, Billiary stent insitu and minimal collection in both iliac fossa nd gall bladder fossa. It is pertinent to mention here that the deceased condition started improving and therefore on 13.4.2013, Ryles tube was removed and on 14.4.2013, drain was also removed by OP no.1. Thereafter on 18.4.2013 at around 12.30 p.m. approximately one hour after oral intake the deceased complained of severe pain in upper abdomen and was also looking pale. deceased was accepting oral intake since 14.4.2013. OP no.1 considering the condition of the deceased immediately consulted and called OP no.2, who is a senior physician and critical specialist, having completed his MBBS and MD from the reputed AIIMS New Delhi. OP no.2 managed the complainants when the deceased had slipped into shock due to bleeding in the abdomen. The deceased was shifted to the ICU of Amirtdhara Hospital at 4.00 p.m. On 19.4.2013 the deceased responded to the treatment and patient was shifted to Fortis Hospital, Mohali in a relatively stable condition. In view of the aforesaid facts and circumstances, as the OPs treated the patient as per set medical standards. It was denied that the OP no.1 charged a sum of Rs.30,000/-. It has also been denied that deceased had visited on 3.4.2013.  It was a matter of record that the deceased admitted in the hospital of OP no.1 from 6.4.2013 to 18.4.2013. Lateron, proceeded against exparte on 22.5.2017.

3.             OP no.3 filed its separate reply on the similar grounds and denied the allegations mentioned in the complaint and prayed for dismissal of the complaint.

4.             Complainants tendered into evidence affidavit of Gurpinder Singh Ex.CW1/A and documents Ex.C1 to Ex.C85 and closed the evidence on 14.10.2016.

5.             On the other hand, opposite party no.3 tendered into evidence affidavit of Sudesh Kumar Ex.O1 and closed the evidence on 22.5.2017.

6.             We have heard the learned counsel for the both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             It is admitted by the parties that deceased Harpreet Kaur had visited the OP no.1 on 29.3.2013 with the complaint of abdominal pain and flatulent dyspepsia since the last one month. After USG and other test got conducted by OP no.1 revealed “gall bladder physiologically distended, lumen showing two hyperechoic calculus 136mm and 164 mm casting shadow one at fundus and other non mobile appearing in neck region as such, the patient was diagnosed to be case of Cholelitghiasis. The OP no.1 suggested the deceased for operation i.e. laparoscopic cholecystectomy. On 29.3.2013 the surgery was performed upon the deceased and thereafter on 30.3.2013 deceased discharged in normal condition. There is also no dispute that on 6.2.2013. The deceased again visited the OP no.1 hospital with complaint of repeated vomiting since last two days. The OP no.1 conducted USG and other tests of the deceased which revealed “Gall bladder not seen, evidence of free fluids around tail of pancreas and pelvis and gall bladder fossa.” The deceased was diagnosed with free fluid abdominal cavity with mild hepatomegaly as such the deceased was admitted in the hospital of OP no.1. It is also admitted by the OP no.1 that ERCP was advised and same was conducted on 7.4.2013 at Advance Endoscopy Centre, 358, Sector-13 extension, Karnal by Dr. Ajay Gupta and found “Thin normal CBD with gross leakage of cystic duct stump” therefore EPT was done and stent was placed. Thereafter, on 12.4.2013 again USG and other tests were conducted. Thereafter, on 18.4.2013 the deceased complained of severe pain in upper abdomen and was also looking pale and the OP no.1 considering the condition of deceased immediately consulted and called OP no.2 and the deceased was shifted to ICU of Amritdhara Hospital. On 19.4.2013 the deceased responded to the treatment and after the detailed discussion with the relative of the deceased in the presence of OP no.1, the deceased was shifted to Fortis Hospital Mohali.

8.             According to the complainants on 3.4.2013 deceased had severe pain for her abdomen and other complications like headache etc. and there upon the father-in-law of the deceased  contacted Dr. Amit Bansal, who told some medicines and after consuming those medicines the conditions of the deceased deteriorated and after that on 6.4.2013 the deceased was brought to OP no.1. It is also alleged that again major operation was conducted and stent was implanted as well as extra pipe for draining the extra fluid has been fitted. It is also alleged that the deceased was operated 2-3 times by the OP no.1. It is also alleged that on 18.4.2013 when the conditions of deceased became out of control, he OP no.1 referred the deceased to OP no.2 where 7-8 units of blood were given to the deceased. The deceased was suffering from leakage and septic in her abdomen and OP no.2 could not control the condition of deceased and after deteriorating the condition of the deceased, OP no.2 referred the deceased to Fortis Hospital on 19.4.2013 with the consent of OP no.1. It is further alleged that deceased had been taken to Fortis Hospital Mohali on 19.4.2013 wherein an operation was conducted on 20.4.2013. On 26.4.2013 Endoscopy was done and other operation was also conducted and stent fitted by the OPs was removed and another stent was inserted. It is further alleged that in ERCP report dated 26.4.2013 by Dr. Mohnish Chhabra, MD (PGI) DM Gastroenterology (PGI) Sr. Consultant- Gastroenterology & Hepatology Fortis Hospital, Mohali opined as under:-

“Conclusions: 28 year female underwent Lap Cholecystectomy on 29.3.2013. She developed bile leak and undersent ERCP on 7.4.2013 in Karnal-Sphincterotomy done and stent placed. She presented in Fortis with Hemoperitoneum and on explorator Laparotomy there was Bleeder in GB Fossa. Her Biliary stent migrated spontaneously and peritoneal drain is showing frank bile so referred for favour of ERCP for CBD stenting. On ERCP High Grade Leak Persent Around Mid CBD with? Right Posterior Aberrant Duct. 10F Stent Placed. Patient Tolerated the procedure well with no immediate complications. Patient is referred back to Dr. R.P. Doley for further treatment. Patient needs to be observed for post ERCP complications. Patient to Report Back for Stent Removal after Bile Leak Stops.”

9.             From the pleadings and evidence of the parties, it is clear that the deceased got conducted the surgery of Gallbladder from OP no.1 on 29.3.2013 and the deceased on 3.4.2013 had severe pain, but the deceased visited the OP no.1 on 6.4.2013 when her condition became more deteriorated whereas the deceased should have visited the OP no.1 on the same night. In this way there is some negligence on the part of the deceased also.

10.           As already stated above the OP no.1 has conducted the surgery upon the deceased on 29.3.2013 whereas on 7.4.2013 it was found that thin normal CBD with gross leakage of cystic duct stump which clearly indicate that there was a cut in the other part of the deceased due to which billiary leakage had taken place. The deceased was again admitted by OP no.1 on 6.4.2013 and was kept upto 18.4.2013, but could not control the leakage and waiting for deterioration of the condition of the deceased. When the condition of the deceased deteriorated then the deceased was shifted to OP no.2 on 18.4.2013 and thereafter on 19.4.2013 the deceased was referred to Fortis Hospital Mohali. In these circumstances, the OP no.1 firstly conducted the surgery negligently due to which there was Billiary Leakage and thereafter kept the patient for a long time i.e. from 6.4.2013 to 19.4.2013 and could not control the same and when the condition of the patient was deteriorated the OP no.1 and 2 referred the deceased to Fortis Hospital. In the above facts and circumstances of the case we found that firstly the OP no.1 has conducted the surgery of the deceased in a negligent manner and secondly did not refer the patient to higher institute at the early stage for proper management and keep the patient with him for a long period of 13 days which is also amounted a negligence on the part of the OP no.1.The complainants produced a bill Ex.C34 from the Fortis Hospital amounting to Rs.3,96,631/- besides this bill the complainants have also suffered physically and mentally as well as other financial losses on the outdoor treatment of the patient. As already stated above to some extent the deceased and her family members were also negligent but their negligence is much less than the negligence of the OP no.1. In the above circumstances, we are of the considered view the interest of justice will be met if we allow a compensation of Rs.3 lakh to the complainants.

11.           Thus, as a sequel to above discussions, we allow the present complaint partly and direct the OP no.1 and 3 to pay Rs.3,00,000/- (three lakhs only) to the complainants on account of compensation. We further direct the OPs to pay Rs.5500/- to the complainants on account of mental agony and harassment suffered by them and for the litigation expenses.  This order shall be complied within 30 days from the receipt of copy of this order failing which the abovesaid amount will carry interest @ 8% per annum from the date of order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 16.11.2017

                                                                  

                                                                  President,

                                                         District Consumer Disputes

                                                        Redressal Forum, Karnal.

 

 

                        (Veena Rani)       (Anil Sharma)

                          Member                Member