RAJAT JAIN Vs. D R NURSING HOME

JUDGEMENT

(1.) This Appeal has been filed by Rajat Jain and Sobhit Jain (hereinafter referred to as the 'Appellants') sons of late Anita Jain (hereinafter referred to as the 'patient') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission') in CC No. C-167/96 wherein M/s D. R. Nursing Home & others (Respondents herein) who were the opposite parties.

(2.) FACTS:

(3.) The above allegations of medical negligence and deficiency in service were denied by all Respondents/doctors. It was stated that Respondent No. 6 (Dr. Murtika), the surgeon conducted the operation and the other Respondents/doctors were a part of the operating team. It was denied that the condition of the deceased deteriorated in the operation theatre itself due to the negligence of the Respondents/doctors and lack of immediate oxygen facilities. While it is a fact that cardiac arrest occurred following the administration of the drug vercuronium, the patient was successfully revived. This drug is routinely used but unfortunately reaction and side-effects can occur in some cases as happened in the instant case. However, as stated the patient was revived and she was breathing without assistance thereafter. Even when she was admitted to Sunder Lal Jain Hospital, she was not in a critical condition and was breathing on her own. She was also responding to painful stimulation. Respondents categorically denied that the oxygen cylinder was not available at the time of operation and also that only the outer skin of the body was stitched. A Medical Board constituted by the Director Health Services, Government of Delhi on investigation concluded that Respondent No. 1 was a well-equipped hospital staffed by qualified doctors who conducted the surgery and no case of medical negligence was established in this inquiry. According to the Respondents, this complaint was falsely filed by a person who was neither the father of the Appellants nor the husband of late Anita Jain, with an ulterior motive for his own enrichment.