IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA, Dated this the 10th day of August, 2010. Present :- Sri. Jacob Stephen (President). Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.12/07 (Filed on 23.01.2007) Between: Shibi John, Melekalayil House, Valliyenthi, Mylapra, Mundukottackal.P.O., Pathanamthitta. (By Adv. T. Harikrishnan) ….. Complainant. And: 1. The MGM Muthoot Medical Centre (P) Ltd., Ring Road, Pathanamthitta, Rep. by its Managing Director. 2. Dr.Abey Abraham, Muthoot Medical Medical Centre, Pathanamthitta. (By Adv. G.M. Idiculla counsel for the Opposite parties 1 & 2) Addl.3. ICICI Combard General Insurance, Kannankery Estate, 3rd Floor, Marine Drive, Shanmukham Road, Cochin – 31. ….. Opposite parties. O R D E R Smt. C. Lathika Bhai (Member): The complainant has filed this complaint against the opposite parties for getting a relief from Forum. 2. The facts of the complaint is as follows:- On 21.1.06 the complainant was admitted in the 1st opposite party hospital due to the fever and nausea. He was treated in the casualty and was administered injections and medicines after that the duty doctor was admitted him there. The next day onwards the medicines and injections were continued and lab tests were conducted. On 22.1.06 afternoon the complainant started to develop blisters on his body with irritation, pain in both eyes with sensitivity to light and pain and irritation in throat and mouth. All these were informed to the hospital staff and they continued the present medicines. On 23.1.06, the complainant’s condition worsened and the pain in both eyes became acute. The 2nd opposite party along with other doctors examined the complainant and informed the complainant’s father that he was suffering from chicken pox. The complainant and his family were further told by the doctors that the complainant is retained in the hospital itself; it may put the hospital staff and other patient at risk of chickenpox. Thus the complainant was discharged from the hospital on 23.1.06 itself with the advice of rest at home and some medicines. After a few days the blisters on his body started to ooze fluid and his eyesight deteriorated. His mouth become so affected that even taking food or fluids. By believing that the complainant was affected chicken pox no treatment was availed. After one week from the discharge the father of the complainant informed the doctor about the bad condition of the complainant. At that time the complainant became blind and the condition was worsened. Then the opposite parties advised some more medicines. But the complainant came to know that he has lost sight of one of his eyes and the sight of the other eye has also been affected. 3. On the suspicion that whether the complainant was affected chickenpox, the complainant was taken to Dr. N.K. Premnath of Kaleeckal Medical Trust Hospital at Mannarakulanji. After examination and hearing the history of illness he identified that the complainant was suffering from some sort of allergic reaction to some medicines administered at the 1st opposite party hospital and advised to meet an eye specialist. Thus the complainant was taken to Dr. A.R. Isha Bhai, Eye specialist, Pathanamthitta and she identified the complainant’s condition as Stevens Johnson Syndrome (Sj Syndrome). Subsequently the complainant was taken to the Medical College Hospital, Kottayam for specialized treatment and the treatment is still continuing. Even now the complainant’s eye sight is not restored, he cannot lift his eye lids. The complainant has been suffering untold miseries due to the long illness involving blisters oozing with pus and fluid all over his body and mouth. He has been on special diet due to the difficulty in taking food. The complainant’s body has become so weak that he has been practically bound to the bed. The complainant has been unable to pursue any kind of avocation since January 2006. The complainant’s family has incurred an approximate amount of Rs.30,000/- for the continuing treatment till date and anticipates further expense in future. The complainant has become totally disabled by the impact of the said disease as far as his avocation is concerned. The complainant alleged that SJ Syndrome affected the complainant as a direct consequence of allergic reaction to some medicine administered at the 1st opposite party hospital. Though the complainant developed all the classical features of the said allergic reaction on the very next day of hospitalization itself, the opposite parties failed/ignored to identify the same and to save the complainant from all the maladies. 4. The opposite parties have discharged the complainant without even advising to seek further specialized treatment. The complainant’s entire future including the scope of leading a normal married life also has been adversely affected. The complainant suffered this too much hardship, disabilities and mental agony due to the negligent treatment at 1st opposite party hospital and their employees. The said act of the opposite parties amounts to a gross negligence and deficiency in service from them. The opposite parties are jointly and severally liable to compensate the same. Hence the complainant filed this complaint for getting an order for directing the opposite parties to pay compensation and cost to the complainant. The complainant prays for granting the relief. 5. 1st opposite party has filed a version stating the following contentions: The patient Shibi John, O.P.No.17380 and I.P.No.17380 was admitted to the casualty wing of O.P on 21.1.2006 at 11.31 p.m with vomiting and fever since 2 days. He was referred from Peoples Clinic Hospital, Pathanamthitta from where he has received treatment Inj. Paracetamole 2 C.C.IM and T. Dolo 650 mg. and some other medicines, which were not finding a place in the referral letter. The referring doctor recorded that the patient had fever followed by redness of both eyes and ulcer mouth. 6. Patient was admitted in the general ward under general medicine on the same day at 11.48 p.m. relevant and necessary investigations were done. As for the reference that by afternoon on 22.1.06 started to develop blisters is not true on facts. The patient already had redness of both eyes and ulcers in the mouth even when he was first seen by the 1st opposite party, i.e. on 21.1.06, which is self-explanatory from the reference letter of the previous hospital where he had a series of treatment. There upon the O.P. Hospital started instilling ciplox (Ciprofloxacin) eye drops one drop 2 hourly in both eyes from 22nd morning itself. 7. A primary diagnosis was arrived at considering the following facts and findings. (a) Patient had fever, chills, malaise, headache, sore throat and dry cough. (b) Patient had ulcers in the mouth (in chickenpox vesicles develop in the mucous membranes one of the mouth and are occasionally seen on other mucosae including the conjunctiva. These muscosal vesicles rapture so rapidly that the vesicular stage may be missed. Instead one sees shallow ulcers 2-3 mm in diameter. (c) Patient developed few bullous skin eruptions (vesicles in chickenpox may sometimes/occasionally be bullous. (d) Patient had gastritis (rare complications of varicella include gastritis and ulcerative lesion of the bowel). So the G.I. Symptoms predominantly vomiting and nausea in this case was attributed to small pox. 8. Investigation of chickenpox are many but practically none of them are feasible. It requires sending the specimen to higher centers like viral institute Pune or Tata research center Mumbai (Bombay) the results of those centers may take some months to reach the patient. As for chicken pox the physician depends on the clinical picture to diagnosis chicken pox. 9. Stevens Johnson syndrome (SJS) as a consequence of varicella infection has been reported in medical science. So the initial condition i.e. chicken pox may have precipitated the Stevens Johnson syndrome. Chicken pox and Stevens Johnson syndrome can often be confused because of the certain comparable features of both, fever, malasise head ache, sore throat cough are common symptoms of both SJS also affect the buccal mucosa and palate, presents as blisters that rupture and become erosions. Hence the similarity in both the conditions is obvious. Rare complication of varicella includes gastritis and ulcerative lesions of the bowel. Internal organ involvement is rare in SJS affecting Gastrointestinal and respiratory tract. Hence the GI symptoms predominating vomiting and nausea in this case can be attributed to chicken pox. 10. The complainant/patient was not brought for review as advised and required, but referred certain facts in general without mentioning any worsening facts of the state of the patient. 11. The patient got discharged on request on 23.1.06. The patient was not brought for review as advised and required by the opposite parties. The present condition of the complainant is not made in the complaint hence an evaluation of the patient is not possible. The patient had undergone previous treatment in another hospital and after developing complications only he was treated in the opposite party’s hospital. The complainant is put to strict proof of any negligence alleged against the opposite parties. Due to clinical diagnosis along with check up results alone was the basis of the treatment of the complainant. Text Book of dermatology, edited by Professionals like (1) R.H. Champion (2) J.L. Burton and others are positive to the effect that diagnosis arrived at by the opposite party is in all possibilities is basically correct. Two dictums from CDRC and SDRC Rajasthan also quoted by this opposite party for supporting their contentions. On the basis of the above contentions, this opposite party prays for the dismissal of the complaint with their cost. 12. 2nd opposite party has adopted the version of 1st opposite party. No separate version is filed by this opposite party. 13. The points for consideration in this complaint are:- (1) Whether the complaint is maintainable before the Forum? (2) Whether the complainant is entitled to get any relief as sought for in the complaint? (3) Reliefs & Costs? 14. The complainant has filed this complaint against the opposite parties for getting compensation for the negligent treatment provided him by the opposite parties. He was admitted in the 1st opposite party hospital for the treatment of fever and nausea. After examination, 2nd opposite party doctor informed the complainant and his relatives that he was affected chicken pox and discharged from the hospital. After the discharge the conditions of the complainant became worsened. Blisters on his body started to ooze fluid and his eye sight deteriorated. Finally, the eye specialist diagnosed his disease as Stevens Johnson Syndrome (Sj Syndrome). According to him, Sj Syndrome affected the complainant as a direct consequence of allergic reaction to some medicines administered at 1st opposite party hospital. Without advising to seek further specialized treatment even the worsening condition of the complainant the opposite parties discharged the complainant. The opposite parties committed a gross negligence and deficiency in service. Due to this the complainant put to so much hardships, disabilities and mental agony. Therefore, he filed this complaint for getting the relief as sought for in the complaint. 15. In order to prove the complainant’s case, the complainant has filed a proof affidavit and one more documents. But after that he did not come before the Forum for adducing oral evidence. The document produced is not marked in evidence. Without marking these documents it could not be admitted as evidence to prove the complainant’s case. The complainant failed to adduce evidence for proving the allegations raised against the opposite parties. The opposite parties have filed a version stating their contentions. In the circumstances, the allegations raised against the opposite parties stands disproved. Hence the complaint is liable to be dismissed. 16. In the result, this complaint is dismissed. No cost. Pronounced in the Open Forum on this the 10th day of August, 2010. (Sd/-) C. Lathika Bhai, (Member) Sri. Jacob Stephen (President) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix – Nil. (By Order) Senior Superintendent. Copy to:- (1) Shibi John, Melekalayil House, Valliyenthi, Mylapra, Mundukottackal.P.O., Pathanamthitta. (2) Managing Director, MGM Muthoot Medical Centre (P) Ltd., Ring Road, Pathanamthitta, (3) Dr.Abey Abraham, Muthoot Medical Medical Centre, Pathanamthitta. (4) ICICI Combard General Insurance, Kannankery Estate, 3rd Floor, Marine Drive, Shanmukham Road, Cochin – 31. (5) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
