MISS DEEPATI Vs. SHORI HOSPITAL
LAWS(NCD)-2020-7-2
NCDRC
Decided on July 02,2020

Miss Deepati Appellant
VERSUS
Shori Hospital Respondents

JUDGEMENT

S.M.KANTIKAR, MEMBER, J. - (1.) The Petitioners have filed these four Revision Petitions under Section 21 of the Consumer Protection Act, 1986 to challenge the impugned Order dated 24.11.2011 passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula which dismissed the First Appeal No. 581 of 2007 filed by the Complainants for enhancement of compensation and allowed the Appeals Nos. 620/2007, 641/2007 and 723/2007 filed by the Opposite Parties. As a result the Complaint was dismissed. This common order shall decide these four Revision Petitions mentioned above. The facts are drawn from the Revision Petition No.937 of 2012. The Parties designated as placed in the Original Complaint No. 121 of 2003 filed before the District Consumer Forum, Panchkula.
(2.) Brief facts that, a practicing lawyer Mr. Bhushan Kumar Kochar (since deceased, referred herein as 'the patient') suffered severe pain and discharge in the perianal region. On 4.12.2002 he approached Shori Hospital, (OP-1) at Pinjore and got himself examined from Dr. Sandhu (OP-3) . The patient's wife Smt. Veena Kochar (complainant no. 1) alleged that the OP-3 advised a minor small surgery for the perianal abscess and abdominal surgery (laparotomy) for appendicitis. On 5.12.2002 during laparotomy the anesthetist Dr.Sangeeta Shori (OP-2) and Dr.Sandhu (OP-3) noted pus in abdomen and it was not a case of appendicitis. There was gangrenous lesion also. The patient became critical the doctors OP-2 and OP-3 expressed their helplessness due to lack of facilities at OP-1 hospital and therefore on the same day evening referred the patient to PGI, Chandigarh. But unfortunately non-availability of ventilators in PGI, the patient was taken to Fortis Hospital, Mohali. The complainant no. 1 further alleged that at the time of shifting from OP-1 hospital, the detailed discharge summary, history and medical record of patient were not given. The OP doctors concealed their negligence who completely missed the diagnosis of ischeo-rectal abscess and performed wrong abdominal operation for appendicitis. Also, the OP-3 negligently put very small incision in the perianal region which did not help to remove large quantity of pus. At Fortis hospital, the patient stayed for 12 days, underwent two operations (6.12.2002 and 11.12.2002). It was diagnosed as large abscess in the perianal region extending to the medial aspect of thigh causing necrotizing fasciitis of the perineum. The patient died on 12.10.2002 in Fortis Hospital. The Complainant no. 1 alleged medical negligence and deficiency in service against the OP-1 to 3 causing death of her husband. She and her minor children filed a Consumer Complaint before the District Forum, Panchkula for seeking compensation.
(3.) The OPs filed their respective replies and denied their negligence during the patient's treatment. The OP-1 to 3 submitted that the patient approached OP-1 hospital in the morning on 04.12.2002 with severe pain and pus discharge from the perianal region. The patient was admitted and started IV fluids and higher antibiotics. Based on the clinical examinations and investigations, it was diagnosed as a case of septicemia with bilateral broncho pneumonia and ischeo-rectal fossa abscess with peritonitis. It was denied that the patient had appendicitis. The OP-3 is super specialized (MS,MCh.) having experience of 17 to 18 years. The patient was operated on 05.12.2002 by OP-3 with the anesthetist OP-2. During the operation, the collection of pus in the abdomen due to severe peritonitis noted. The Insurance Cos. OP-4, 5 and 6 in their written versions denied the negligence of the OPs 1 to 3. Their objection was that the Complaint was defective for non-joinder of parties as the Fortis Hospital was a necessary party, wherein patient stayed for 12 days and underwent two operations prior to his death.;


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