Decided on September 03,2015

Rajani R. Gaunekar And Ors. Appellant
Manipal Health Systems Pvt. Ltd. And Ors. Respondents


N.A. Britto, J. (President) - (1.) THE complainants are the widow and the son of late Ramesh G. Gaunekar who expired on 23.3.2014. The complainants, alleging medical negligence, particularly on the part of OP Nos. 2 and 3, by this consumer complaint seek to recover from the OPs total compensation of Rs. 40,20,298. The undisputed facts would be as follows: 3. The patient Ramesh G. Gaunekar, aged 68 years, was a known case of Diabetes and Hypertension, and was seen in the OPD by OP No. 2 Dr. Naik, General Surgeon, on 17.10.2012 and was advised mesh repair of incisional hernia.
(2.) THE patient got admitted in OP No. 1 hospital on 8.1.2013 under Dr. Naik, surgeon, and OP No. 3 Dr. Parsekar, anesthetist, and the surgery was fixed on 9.1.2013, after it was consented to by the patient himself. On 9.1.2013 the patient was seen by Dr. Naik and was referred for ultrasound for marking the site of incision. The patient then first went for ultrasound and then to the OT by walk for repair of incisional hernia (copy at page 127). The spinal anesthesia procedure was explained to the patient and the patient was given spinal anesthesia (pages 119 and 397) under aseptic precaution. The patient had bradycardia during anesthesia (page 667). (Bradycardia is a slow heart rate, commonly defined as a rate of 60 bpm or a rate which is too slow to be physiologically appropriate for the person and/or activity (generally recognized as 45 beats/minute in men, 50 beats/minute in women). Post spinal anesthesia, the patient suddenly suffered cardiac -respiratory arrest i.e. 25 minutes after the spinal anesthesia. The patient suffered a second episode of cardiac respiratory arrest after 25 minutes and later was diagnosed as a case of hypoxic brain injury which is secondary to cardiac arrest. The patient was shifted to ICU duly consented by Complainant No. 2 (pg. 656) where he remained till 17.1.2013 and during the time of his stay in the ICU, the patient was suspected to have had acute kidney injury in view of decreased urine output and also had neurological problem for which opinion was taken from nephrologist and neurologist and the condition of the patient was improved. The patient had also focal seizure and one episode of GTCS (Generalised Tonic -Clonic Seizures) lasting for one minute which were treated and managed appropriately. On 16.1.2013 tracheostomy was conducted by Dr. Deepak Murthy, ENT surgeon, with OP No. 3 Dr. Parsekar as anesthetist, and as the patient was stable haemody namically and off ventilation, the patient was shifted to a private room under medical care of Dr. Oscar Rebello on 17.1.2013. The patient was discharged on 8.3.2013, after about 57 days of hospital stay, and thereafter was treated at home. While at home, the patient had to be treated at Campal Hospital between 12.3.2014 and 15.3.2014 under the advice of Dr. Oscar Rebello. Towards the end, the patient stopped passing urine. The condition of the patient became edematous and deteriorated further and the patient ultimately expired on 23.3.2014 of kidney failure.
(3.) THE gravamen of the case of the complainants is that the spinal anesthesia to the patient was given by some incompetent quack, at the behest of Dr. Parsekar, OP No. 3, who was away from the O.T. (operation theatre) which damaged the patient permanently and the patient who had walked in into the O.T. came out of it in a comatose state. The condition of the patient further deteriorated for failure of prompt resuscitation on account of absence of both Dr. Naik, OP No. 2, and Dr. Parsekar, OP No. 3, who were absent from the O.T. while the patient was being experimented.;

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