MOHD ISHFAQ Vs. MARTIN DSOUZA

JUDGEMENT

(1.) This com-plaint has been filed by the complainant, Mohd. Ishfaq alleging medical negligence on the part of the respondent, Dr. Martin F. D'Souza, leading to his being completely deaf.

(2.) Facts of the case are that sometime in May, 1990, the complainant was put on haemo-dialysis in a hospital in Bangkok. On a reference from a friend, the complainant contacted one, Dr. Sonawala, a Urologist in Jaslok Hospital in Bombay for kidney transplant. Since the complainant could not get a related kidney donor and since Jaslok Hospital did not undertake unrelated kidney transplant, the complainant was referred by Dr. Sonawala to the respondent Dr. D'Souza for kidney transplant in Nanavati Hospital. Complainant reached Bombay on 24th April, 1991 and started undergoing haemodialysis twice a week under the respondent in Nanawati Hospital. The complainant had slight fever on 7th May which persisted, upon which the respondent advised the complainant to get admitted in the Hospital. The complainant was admitted in the Hospital on 29th May, 1991. On 30th May, Renal Study was carried out which indicated the following : Normal Range 13.0 mgs. % S. Creatinine 0.7-1.5 mgs. % Blood Urea 180 mg. % 10-50 mgs. % Hemoglobin 4.3 gms. % 11.5-13.5 gms. %

(3.) Blood and Urinary tests were carried out, the report of which could be available only on 3.6.1991 which showed sensitivity and resistance to specific medicines. The complainant was discharged on 8.6.1991. It is mentioned in the complaint that he was administered Amikacin 500 mg. Injection twice a day and in the discharge slip was further advised to take Amikacin 500 mgs. Injection twice a day for 10 days. By the time this course was over, the complainant lost his hearing power. During his stay in the Hospital, according to the complainant, he found the respondent utterly indifferent, hence he decided to shift to Prince Aly Khan Hospital where kidney transplant took place on 30th July, 1991. While in Prince Aly Khan Hospital he was referred to Jaslok Hospital by ENT Specialist, Dr. Hakeem. The complainant alleges that he suffered hearing impairment due to use of anti-biotic Amikacin prescribed by the respondent while the complainant was under his care. It is solely on account of negligence on the part of the respondent, that complainant has gone deaf. Had the respondent been more careful, as per literature on the subject, of use/administration of Amikacin, the complainant would have been hale and hearty. He is a Central Government Officer and was working as Export Promotion Officer in the Union Commerce Ministry. His career has been jeopardised on account of the impairment. He contacted several people/organisations for restoration of his hearing capacity. He has been advised Cochlear transplant which at that time was to cost Rs. 4 lakh, even this would have only partially restored his hearing capability. In the circumstances, the complainant prayed for award of Rs. 12 lakh of which Rs. 10 lakh for a surgery in USA leaving for us to compensate him for the mental torture and other sufferings.