VARANASI SUBRAHMANYAM Vs. G.RAVI KUMAR
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE daughter of the complainant
Miss V. L. Sumalatha aged about 17 years studying in Second Year, I.T.I.
complained of pain in her stomach on 4.3.1994. When she was taken to the
first opposite party doctor he gave some tablets and sent her home. She
took the first dose on the evening of same day and after taking second
dose on 5.3.1994 at about 9.00 a.m., she complained unbearable pain in
the stomach and suffered acute perspiration followed by vomitting. As she
was feeling restlessness she was again taken to first opposite party who
advised rest and prescribed some other tablets but as the pain became
unbearable her mother took her in the evening again to first opposite
party who administered different medicine and put her on saline. As there
was some relief after few hours the patient was discharged to go home.
However, again on the morning of 6.3.1994 the girl woke up from the bed
with agonizing pain in the abdomen she felt restlessness and vomitted
once again. Her mother again took her to first opposite party for further
treatment who changed the course of medicine and administered saline once
again. Though the complainant expressed his readiness to take his
daughter to a better hospital the first opposite party assured him that
there was no threat to her life. After administering two more saline
bottles he advised them to go home. In the morning on 7.3.1994 the girl
vomitted after taking a cup of milk. She was taken to first opposite
party who again administered saline and assured that everything would be
normal if she is kept under his treatment for two or three days. Hence,
she continued as in -patient in his hospital. However, at about 3.00 p.m.
the Nursing Home staff advised the complainant that the condition of the
patient was critical and could not be managed by them in the absence of
first opposite party who left for Vijayawada. Hence, the complainant
shifted her to second opposite party Nursing Home who immediately
admitted her as in -patient, started treatment, administered the medicine
such as saline, injections, etc.
(2.) HE not only gave Compose injection and thereafter Largactil and left the clinic at about 5.30 p.m. for Kalidindi where he has a Branch
Nursing Home. At about 8.00 p.m. Nursing Home staff of second opposite
party declared that there was no pulse and the girl was dead. Complainant
issued a registered notice to both the opposite parties on 16.4.1994 for
which second opposite party alone replied with contentious allegations.
Hence this complaint is filed attributing medical negligence on the part
of both the opposite parties claiming a compensation of Rs. 6.00 lakhs
and costs of Rs.5,000/ -.
(3.) IN the written version filed by the first opposite party while admitting that the complainant's daughter was treated by him stated that
the girl was treated as out -patient for complaint of burning sensation
with pain in abdomen and hence he suspected that she might have been down
with Gastritis. He suggested IV Fluids. There was improvement in her
general condition. He had also infused injection Perinorm, a safe drug.
As the patient had shown physical signs of improvement all along after
infusion of IV Fluids he left for Vijayawada to attend to a pressing
personal work. When the patient was suspected of Gastritis, IV Fluids
were infused since the patient had not complained of any headache or
reeling sensation or lose of vision, suspicion of any cerebral injury
does not arise. Therefore, there is no deficiency in service on his part.
In the separate written version filed by second opposite party it is
stated that he is a Surgeon who is having a Nursing Home at Kaikaluru and
a Branch at Kalidindi. On 7.3.1994 at about 4.00 p.m. the complainant
came to his house and requested him to see his daughter who was in an
unconscious state and she was brought to his Nursing Home as Dr. Ravi
Kumar, who had treated hitherto went out of station. Second opposite
party refused to admit as he would not attend the cases coming from other
hospitals without knowing the -details and line of treatment adopted.
However, on humanitarian grounds he came to his hospital and found the
girl in an unconscious state. He gave IV Fluids to improve her general
condition. However, after sometime the patient developed convulsions
whereupon he gave Compose injection. Afterwards the patient developed
vomitting 9 and he had administered Largactil injection. From these
symptoms, he suspected that it was a case of Encephalitis, explained the
condition of the patient to the complainant and advised them to shift the
patient immediately who agreed to shift his daughter after arranging
conveyance. At about 5.00 p.m. he left for Kalidindi to attend to the
work at his Branch Nursing Home and by the time he returned at about 8.30
p.m. his staff informed him that the complainant had taken his daughter
at 5.30 p.m. Kaikaluru is a Panchayat where there are no advanced medical
facilities like C.T. Scanning or Ceritro Spiral Fluid(CSF) analysis.
Therefore, there is no negligence on his
Complainant filed Exs. Al to A8 while examining himself as P. W. 2 and his wife as P. W. 1 First opposite party was examined himself as
R. W. 2 while the second opposite party was examined himself as R. W. 1
besides filing Exs. B1 to B3. The point that arises for consideration is
whether there is any negligence on the part of the opposite parties, and
if so, to what relief?;
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