NAND KISHORE PRASAD vs SISTER GRACE, KURJI HOLI FAMILY HOSPITAL

SRI Nand Kishore Prasad of Patna has filed this complaint against the Kurji Holi Family Hospital and other doctors. He has claimed a compensation of Rs. six lacs for causing death of his son Sanjay Kumar and Rs. 50,000/- towards the expenses incurred in course of his treatment. The case of the complainant in brief is as follows.

THAT the son of the complainant Sanjay Kumar, a student, complained of chronic constipation troubles and intermittent pain in abdomen for which he consulted Dr. Arun Tiwari who advised some pathological test. On 8.11.1995 along with the pathological reports when he took his son again to the doctor. After going through the reports he was advised to take the patient to Kurji Holi Family Hospital, Patna and to contact Dr. Ravi Sahay of that Hospital. Accordingly the patient was taken to the Hospital on 10.11.1995 and he was admitted in the Hospital on 10.11.1995. In the Hospital also several pathological examinations including X-Ray and Ultrasound were taken and the patient was operated upon. Although he signed the printed form for undertaking the operation, but he did not know the cause and need for the operation. After the operation, the patient started bleeding from nose, mouth and anus which was not checked. Further, there was no improvement in the condition of the patient. The patient was taken to Patna Medical College Hospital for better treatment where he was admitted on 13.11.1995 and in the P.M.C.H. it was detected as a case of haemophilia. In spite of the best treatment at P.M.C.H. the patient died on 16.11.1995 due to cardiac and respiratory failure caused by excessive bleeding. Thus the complaint is that the patient died due to the faulty treatment resorted to at the Kurji Holi Family Hospital. Further the clotting time of blood of the patient was very high and in such a condition no surgical treatment should have been resorted to. Thus the Kurji Hospital were negligent and careless and operated upon the patient. It is further case of the complainant that since it was not a case for surgical operation and the Hospital authorities are engaged in illegal trade of organ and got the kidney of Sanjay Kumar removed stating that they have only removed the round worms numbering about 175. Thus, in short, the complaint was that in the Kurji Holi Family Hospital for a patient suffering from haemophilia for which surgery is not to be done the Hospital authorities knowingly operated upon the patient and caused excessive bleeding which resulted in the death of the patient.

On the other hand, the case of the O.P. is that at the time of admission the patient complained of fever for ten days and pain in the abdomen for three days. After initial investigation the patient was transferred to the Critical Unit and he had features of septicemia and peritonitis. Therefore, surgical examination was done and the features of peritonitis caused by acute infection of intestine was noticed and hence X-Ray was suggested. Ultrasound was also done and the finding were suggestive of peritonitis. The clinical findings were indicative of peritonitis and hence because of the risk involved permission of the father of the patient was taken in writing and the patient was operated upon. Two units of fresh blood were also arranged as patient''s platelet count was low. During the operation the peritonial cavity was found to contain yellowish fluid and the patient had round worm obstruction of small bowell. Hence the round worms were taken from the gut and the peritonial cavity was cleared and the abdomen was closed. After the surgery the patient started bleeding from nose for which the E.N.T. Surgeon was also called. Nosal packing was done. Post-operatively the patient was given two units of fresh blood. His bleeding clotting time was tested and found within the normal limits. There was no bleeding from the main wound. On 13th morning, the general condition of the patient had slightly improved and the vitals were stable. There were no bleeding. However, the patient''s father and other relatives were not satisfied with the treatment and wanted to shift the patient. Thus in spite of assurance that the patient is improving and against medical advice, the patient was got discharged from Kurji Hospital on 13.11.1996. Further if it had been a case of haemophilia there would have been non-stop bleeding from the wound but in this case there was no such bleeding from the wound. Further, that the complaint is not regarding deficiency or negligence of duty rather it is about wrong diagnosis. The allegation of wrong diagnosis cannot be adjudicated by the State Commission as this Court has no expertise in the medical field. Further, there is no specific complaint that the doctors of the Hospital were not competent and qualified. Such a complaint of wrong diagnosis cannot be decided in a summary proceeding without taking oral and documentary evidence of witnesses. The patient had been taken to P.M.C.H. against the medical advise from Kurji Holi Family Hospital on 13.11.1995 and the patient died on 16.11.1995 at P.M.C.H. No medical record or material has been filed to show what treatment was given to the patient and what medical examinations were done and what medicines were administered to the patient at P.M.C.H.

WE have carefully considered the matter and perused the record. The contention of the O.P. is that the complainant has raised complicated questions of fact and law and the angle of treatment which was given to the patient. This question cannot really be decided by the Consumer Forum which has no expertise in the medical field and such a matter cannot also be decided without taking detailed oral and documentary evidence which can only be done by a Civil Court. This contention of the O.P. appears to be quite valid. A question like whether diagnosis was proper or not cannot be decided by the Consumer Forum specially in absence of any evidence from a medical expert before the Commission. The complainant has not produced any expert medical advise in this case. Under such circumstances, we hold that the Consumer Forum is not a proper place for such a case and it cannot be decided by the State Commission. Therefore, the complaint is dismissed. However, there shall be no order as to cost. Complaint dismissed.