Decided on August 08,2006

S.C.MATHUR Appellant


J.D.KAPOOR,PRESIDENT - (1.) COMPLAINANTS are the husband, daughter and son of deceased Mrs. Asha Mathur who is alleged to have died due to negligence in the treatment provided by OP No. 2 Prof. (Dr.) Upendra Kaul at OP No. 1 - All India Institute of Medical Sciences (in short AIIMS). Compensation of Rs. 15.00 lakhs has been sought on account of mental agony and shock due to unexpected demise of the deceased.
(2.) ALLEGATIONS of complainants, in brief, are that the deceased Mrs. Asha Mathurs angiography was done at AIIMS by respondent No. 2 on 2nd February, 1994 and it was diagnosed that she had 90% lesions of the LCX for which she was advised by him to undergo the Angio -plasty (PTCA) procedure. That on 23rd March, 1994 at 8.00 a.m., the deceased was taken into the Cath. Lab. for Angio -plasty and she expired there itself in the Cath. Lab. The deceased was declared dead at around 4.30 p.m.
(3.) THAT normally a PTCA (Angio -plasty) procedure in the AIIMS involved an amount of Rs. 50,000 only but the complainants were asked to deposit Rs. 60,000 which were deposited the same day. Initially an approximate amount of Rs. 1,35,000 was demanded. But the same, on further inquiry, was raised to Rs. 1,49,830. Said amount of Rs. 1,49,830 was also paid against receipts According to the complainant following circumstances demonstrate the medical negligence that respondent No. 2 either instead of doing the operation himself, left the whole operation in the hands of junior doctors who turned a very simple and easy operation to an utter disaster or did it himself so negligently that serious injury was caused to the vital coronary artery of the deceased: (i) That the respondent No. 2 had not clearly diagnosed the coronary problem of the deceased and was rash and negligent in proceeding with the case. (ii) That the diagnostic/investigative technique in the form of machines available with respondent No. 1 on 23rd March, 1994 were outdated and inadequate for a proper diagnosis of the coronary arteries of the deceased. The techniques of Intra Vascular Ultra Sound (IVUS) examination of Coronary Arteries an œImage Cath Coronary Angioscope" were not available with respondent No. 1 on 23.3.1994. (iii) That possibly, the use of stent, as it is made of metal, led to development of blood clotting and ultimately death. The anti ­coagulants medicine was started only in the morning of 23.3.1994, i.e., the day of operation while it should have been given for a few days in case a stent was to be used. (iv) That heart lung machine (cardio pulmonary bypass) should have been used for the deceased in its very initial stage but it was used after 30 minutes when her condition became critical due to negligence of the doctor as by that time the blood supply to the brain stopped as a result the patient died due to dead brain. (v) The arrangements available with respondent No. 1 were most callous and highly inadequate. That the deceased died on 23.3.1994 due to negligence, lack of care and incompetence of respondent No. 2 and his team of doctors. ;

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