Gulshan Bala w/o deceased i.e. Sh.Anil Kumar, resident of House No. 512, Inside Killa, Village Maloya Chandigarh (UT).

……Complainant

V e r s u s

1.     Post Graduate Institute of Medical Education and Research (P.G.I.M.E.R,Chandigarh) through its Director.

2.          Director, Post Graduate Institute of Medical Education and Research Sector-12, Chandigarh and also Head of the Committee constituted to enquire into the complaint given by the complainant regarding death of her husband due to negligence of Doctors, Nurses, other Paramedical Staff, Illegal Strike etc.(deleted vide order date16.01.2013)

3.     Dr. Jayanta Samanta, Junior Resident, (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

4.     Dr. Anoop R. Prasad, Senior Resident, (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

5.     Dr. Rimi Som, Senior Resident, (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

6.     Dr. Nipun Verma, Junior Resident, (Department of Internal Medicine) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12, Chandigarh.

7.     Dr. K.K. Parathan, Junior Resident,(posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

8.     Mr. Hitendra Sharma, Staff Nurse (Department of Nursing) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12, Chandigarh.

9.     Ms. Kirandeep Kaur, Staff Nurse(Department of Nursing) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12, Chandigarh.

10.  Ms. Ashwinder Kaur, Staff Nurse (Department of Nursing) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12, Chandigarh.

11.  Mr. Kuldeep Singh Solanki, Staff Nurse (Department of Nursing) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

12.  Mr. Satya Prakash Staff Nurse (Department of Nursing) (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

13.      Dr. Ashish Bhalla, Associate Professor, Incharge Emergency, (posted in Emergency Medical OPD on 3.3.2011) in Post Graduate Institute of Medical Education and Research Sector-12,Chandigarh.

Complaint under Section 17 of the Consumer Protection Act, 1986.

BEFORE:JUSTICE SHAM SUNDER (RETD.), PRESIDENT.

Argued by:Sh. Deepak Aggarwal, Advocate for the complainant.

Name of Opposite Party No.2 deleted vide order dated 16.01.2013.

Sh. Rajesh Garg, Advocate for Opposite Parties No.1 and 3 to 13.

JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.             

3.             Charles F. Carey, M.D. Hans H.Lee, M.D. Keith F. Woeltje, M.D. Ph.D. Editors   

(a)  

b)   

(i)   

(ii)  

(iii)  Lactat dehydrogenase (LDH)

(iv)   Use of cardiac enzymes.

4.            (now deceased),

a)   

b)   

c)   

d)   

e)   

f)    

g)   

h)   

i)    

j)     

k)   

5.              (now deceased),  

6.            

7.           

a.     Pulmonary Edema

b.     Anaphylectic reaction to IV Azithromycine,

c.     Status Asthmaticus

It was further stated that, thus, it was amply clear that 2nd 

8.           Chandigarh), Dr. Sanjay Jain, Dr. Ajay Bahl and Dr. Ashok Kumar as Members. It was further stated that the inquiry conducted by the said Doctors, was totally biased. It was further stated that the said Doctors should have rescued themselves, from participating, in the same, because the allegations of medical negligence had been leveled against Opposite Parties No. 2 to 13. Opposite Party No.2, himself, participated in the Inquiry and became the Chairman, for hushing up the matter. It was further stated that the matter, in question, also related to the negligence of the Doctors, from Cardiology Department, and also from the Department of Internal Medicine. Dr. Sanjay Jain, being the Senior Doctor of Internal Medicine and Dr. Ajay Bahl, Senior Doctor, from the Department of Cardiology of PGIMER, should not have participated, as Members of the said Committee. It was further stated that Dr. Ashok Kumar also from the PGIMER should have rescued, himself, from participating in the matter. It was further stated that the matter should have been referred to the Medical Council of India or some other Institute of repute, including AIIMS New Delhi etc, for conducting the inquiry. It was further stated that, thus, the findings of the Inquiry Committee are arbitrary, and nonest in the eye of law. It was further stated that Anil Kumar was aged about 45 years, at the time of his death and he was the sole bread earner of the family. It was further stated that Anil Kumar was earning Rs.1,75,000/- annually, from Private tuitions. It was further stated that the complainant is the widow of Anil Kumar and is not employed anywhere. Even her children are not settled. It was further stated that a lot of mental agony and physical harassment was suffered by the complainant and her children. It was further stated that the Opposite Parties were many a time asked to compensate the complainant, but they failed to do so. It was further stated that the aforesaid acts of the Opposite Parties, clearly proved their medical negligence, which

9.             

10.        

11.         

12.        

13.         deficient, in rendering service and, thus, the complaint of the complainant was liable to be accepted.

14.        Anil Kumar (deceased), was brought to the EMOPD of the PGIMER, Dr. Jayanta Samanta/Opposite Party no.3, started him on oxygen and nebulisation therapy (salbutamol every 10 min.). Injection hydrocortisone was also administered. He further submitted that this was done to take care of the life threatening hypoxia, which  Anil Kumar (deceased), might have developed. He further submitted that Anil Kumar (deceased), was a known chronic heart failure, secondary to severe left ventricular failure, due to dilated cardiomyopathy. He further submitted that worsening could have been due to heart failure, which was duly treated with oxygen and diuretics. He further submitted that correct line of treatment was adopted, in this case. He further submitted that Dr. Kiran, Senior Resident of Cardiology, had kept the possibility of pulmonary edema, which was considered by Opposite Party No.3, right at the outset, and hence injection Lasix, was administered to Anil Kumar (deceased). He further submitted that, as many as, five Doctors and five nurses, attended Anil Kumar (deceased), in the PGIMER. He further submitted that there was no medical negligence, on the part of the Opposite Parties, nor they were deficient, in rendering service.

15.        The question, that falls for consideration, is, as to whether, there was any medical negligence, on the part of the Opposite Parties, who attendedAnil Kumar (deceased), in the PGIMER, from the time, when he was brought to the EMOPD, until his death, on 03.03.2011.The Hon’ble Supreme Court in para-94 of its judgment titled asBatraHospital

“94. United Kingdom, some basic principles emerge in dealing with the cases of medical negligence. While deciding whether the medical professional is guilty of medical negligence, the 

16.                  In the case ofApex Court, that a physician would not assure the patient of full recovery in every case. 

17.                  Apex Court

18.                  Now, let us see, as to whether, the Opposite Parties, in this case, also performed their duty, by exercising an ordinary degree of professional skill and competence, in treating , who started oxygen and nebulisation therapy (salbutamol every 10 min.). Injection hydrocortisone (steroids) was administered, which was done to take care of the life threatening hypoxia, which  Anil Kumar (deceased), might have developed. 

                         Digoxin

                        Warf 2 mg

                      Cordarone 200 mg

                       Carca 12.5 mg and 6.25 mg.

The following injections were prescribed to Anil Kumar (deceased),on 03.03.2011:-

                         Lasix 40 mg

                        Hydrocort 100 mg

                      Pan 40 mg

                       Azu 500 mg

                        Dobutamine 500 mg

19.                   

20.                   stndadmission vide file no.83048/09 and 3^rd  

“The treatment chart shows that Mr. Anil Kumar (Deceased) received Tab. Digoxin, Tab. Amiodarone, Tab. Caren at 10.00 a.m. on 03.03.2011. He also received injection Lasix, Injection Hydrocortisone and Injection Pantaprazol at 10.00 am. Patient was also attended by the Nursing staff at 10.00 a.m. ECG was recorded at 10.38 am, on 03.03.2011. The patient`s card was made at 10.58 a.m. His bedside blood sugar was tested at 11.00 am. The patient was attended and the treatment started even before the formalities of making an emergency card. The treatment was based on the clinical assessment and the previous discharge card. Blood samples were drawn for laboratory testing and the information received from HoD, Hematology mentions that the sample of the deceased patient was receive (received) around 11.30 am and report was dispatched at 2.00 p.m. It was also stated by the treating Junior Resident that the patient was attended immediately as he presented with acute shortness of breath with cough and mucoid expectoration and was given the treatment as shown in the treatment chart. It is clear that there was no delay in the treatment on the part of the doctors or any other hospital staff”.

21.                  Anil Kumar (deceased), was not given proper treatment for heart attack, on 03.03.2011, by the Doctors concerned of the PGIMER, therefore, being devoid of merit, must fail, and the same stands rejected.

22.                  

“The matter was probed in detail by asking all staff posted in the Emergency OPD including Senior Residents/Junior Residents/Staff Nurse. It emerged from the statements of 

23.                  

24.         

25.         Helvetia BombayHospitalAmritsarILSHospitalSt.StephanHospitalYashodaSuperSpecialityHospitalexercise an ordinary degree of professional skill and competence, in treating

26.        

27.        No other point, was urged, by the Counsel for theparties.

28.           

29.         Certified Copies of this order be sent to the parties, free of charge.

30.        

Pronounced.

September 6, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Rg.