MADHU SUDAN Vs. SURESH GUPTA
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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J.D.KAPOOR, J -
(1.) THIS is the most unfortunate case of medical negligence which resulted in the death of small child of
(2.) 1/2 years who was taken to the O.Ps. only for micro stitches on the minor injury on his forehead and after being put under anaesthesia he never
regained consciousness and died within three days. Through this
complaint, complainant has sought Rs. 10,00,000 (Rupees ten lacs) as
2. Complainants son Master Ankur, who was 2 1/2 years old suffered minor injury on his forehead on the evening of 27th May 1991. He was
given immediate attention at the clinic of Dr. M.M. Sharma, K -Block,
Lajpat Nagar by way of three stitches. As ill luck would have it,
apprehending possibility of visible scar the complainant took his son to
Delhi Plastic Surgery Clinic on 29th May, 1991 of which O.P. Dr. Suresh
Gupta is owner Surgeon. He advised micro stitches. The unfortunate child
was admitted in the hospital at 10.00 a.m. under anaesthesia with
˜Ketamine injection and was taken to operation theatre and after 20
minutes was brought out after giving stitches. The anaesthesia was given
by associate doctor/O.P. No. 2 -Dr. (Mrs.) B. Kaur. Since the condition of
the child was deteriorating and the child was not regaining
consciousness, complainant and his wife got disturbed. Complainant
contacted Dr. Kaur by telephone at her residence and requested her to
visit the hospital immediately. She took her own time and came at 3.30
p.m. i.e., one hour after the call. She merely assured that there was
nothing to worry and the child was safe and ordered for the I.V. Glucose
bottle. She did not explain the cause of not regaining the consciousness.
At about 4.30 p.m. Dr. Suresh Gupta returned to the nursing home. On
peristent requests, he came but said nothing nor did he give any other
(3.) AT about 5.00 p.m. when the complainant decided to take the child to some other hospital, Dr. Suresh Gupta told the complainant to
wait since Dr. Madhav Suri, Neurologist was called by him from Defence
Colony to see the child. Dr. Suri came at about 6.00 p.m. and discussed
the case with Dr. Suresh Gupta and Dr. (Mrs.) Kaur inside the room and
made them to wait outside. Dr. Kaur had also come and joined the
discussions. Dr. Suri later assured us that the child was safe and there
was no danger. He gave examples that the consciounsess could return after
12 to 15 hours and advised us not to leave. He took the consultation charges of Rs. 300.00 from the complainant and left. Dr. Kaur also left
the nursing home without waiting for child to regain the consciousness.
Since they were advised and assured by Dr. Suresh Gupta and Dr. Kaur
about the safety of the child and they as medical specialist were
supposed to have known the condition of the child better, they stayed on.
At 3.00 a.m. on the night of 29/30.5.1991 child developed breathing trouble, they called Dr. Suresh Gupta who resides there in the
nursing home but he got annoyed and on our persistent request came but
instead of doing anything scolded us that we are lay people and know
nothing and went away saying that there was nothing wrong with the child.
At about 5.00 a.m. that night when breathing problem worsened and Dr.
Suresh Gupta was requested again, then child was taken to operation
theatre. Dr. Kaur also called and joined Dr. Suresh Gupta in the
operation theatre at about 5.40 a.m. Dr. Suresh and Dr. Kaur panicked and
for the first time realised the gravity and called Dr. Arya of Sir Ganga
Ram Hospital from where the ambulance was called and we were told that
they were shifting the case to intensive care unit (ICCU). In critical
condition the child was shifted at 8.15 a.m. on 30.5.1991. The child
remained there upto the end in unconscious state and on 2.6.1991 at 11.40
a.m. under the treatment of Dr. Arya. Cause of death was shown as
Cardio -respiratory arrest. It did not mention the actual cause of arrest.
Cardio -respiratory arrest is the mode of death and not the cause of death
which was not mentioned in the death certificate. They had to pay Rs.
11,376.00 the bill of Ganga Ram Hospital when they handed over the body of the child.;
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