GURJIT CHOWDHURY Vs. APOLLO HOSPITAL

JUDGEMENT

(1.) COMPLAINANTS who are the daughters of Smt. Paramjit Bedi filed this complaint, inter -alia, alleging that their mother was suffering from Systemic Lupus Erythematosus (SLE) and was being treated at Hinduja Hospital, Mumbai by one Dr. Joshi. She had to undergo blood transfusion after every two to three years. On 2.6.96 the haemoglobin level of Smt. Paramjit Bedi lowered down, she needed immediate blood transfusion and for that purpose she visited to Apollo Hospital, OP No.1. On instructions of Dr. R.C. Arora first unit of blood was given to her. Around 3 a.m nurse came to Smt. Paramjit Bedi to give second unit of blood. Though she refused to take second unit of blood but the nurse on duty insisted on giving it as instructed by Dr. Arora. It was alleged that immediately after transfusion of second unit of blood started Smt. Paramjit Bedi felt very uneasy and breathless. She called out for the nurse to stop the transfusion which she did. It was stated that Smt. Paramjit Bedi was shocked to see that colour of the blood being transfused, was black and it was stale.

(2.) HER blood group was ˜A negative and the blood had to be saline washed. Second unit of blood was not saline washed. As a result second unit of blood being stale, black and not saline washed the condition of Smt. Paramjit Bedi deteriorated. It was further alleged that Dr. Arora despite being informed that she had always been given maximum dose of 30 mg. of cortisone since 1989 by the doctor treating her at Hinduja Hospital, prescribed 60 mg. of cortisone. Smt. Paramjit Bedi was discharged from the hospital on 6.6.96 with instructions to attend OPD with all medical record and have check up from Doctor Malviya of AIIMS who diagnosed her to be a patient of SLE in 1983. After discharge Smt. Paramjit Bedi could not sleep in nights She, therefore, met Dr. V.J. Chacko Opposite Party No. 3, Managing Director of OP No.1 hospital and complained him of giving black and stale blood and high dose of cortisone. At that time, Dr. J.K Sachdeva, Director Medical Services of OP No. 1 hospital was also called and he was not happy at the treatment given to Smt. Paramjit Bedi. They promised complimentary treatment by other doctors. Dr Vijay Kumar Aneja was the first doctor to give her complimentary treatment on the request of OP No. 3. It was stated that on account of bad blood Smt. Paramjit Bedi started getting cramps in her hands and other parts of body and the legs swelled. Therefore, she visited said Dr. Vijay Kumar Aneja who told that she should go to Mumbai to the doctor who had treated her and to take X -ray of chest. She was also advised to see Dr. S.P. Gupta and Dr. Kanwar working in OP No.1 hospital. As she would not afford to go to Mumbai, she requested for treatment at OP No.1 hospital itself. On examination said two doctors diagnosed that Smt. Paramjit Bedi was suffering from pneumonia and was to be admitted for treatment in hospital. On account of alleged non -availability of bed in OP No.1 hospital she was not admitted there. On being treated by Dr. Kanwar her condition became little better. Doctors at Holy Family hospital told Smt. Paramjit Bedi that her health had deteriorated due to wrong administration of blood and not providing of proper treatment. It was further alleged that on 28.7.96 Smt. Paramjit Bedi was unable to breathe and speak. Complainant No.1 took her to Dr. Indar S. Gupta, ENT Specialist at C -38, Friends Colony East and he said that it was a case of acute Laryngitis for which he recommended some medicines. Since the condition of Smt. Paramjit Bedi became critical she again visited OP No.1 hospital. She was treated as an OPD patient and complimentary treatment was stopped. On 30.07.96 Smt. Paramjit Bedi sent a letter by registered post to OP No. 3 bringing out all the facts but this letter was not acknowledged. Thereafter another letter dated 19.9.96 was sent to OP No. 3. It was alleged that on 3.10.96 at 5.30 p.m Smt. Paramjit Bedi felt uneasiness and was, therefore, taken to the emergency of OP No.1 hospital. She requested the doctor on duty several times to call Dr. Gupta or Dr. Kanwar. She was eventually told that the two doctors could not be traced. It was later on found that Dr. Kanwar was in the hospital. After giving some treatment, Smt. Paramjit Bedi was asked to go home. On the morning of 4.10.96 the condition of Smt. Paramjit Bedi became very serious and she was rushed to the emergency of OP No.1 hospital around 5.45 a.m. Complainant No.1 asked to doctor on duty to examine her first but he examined her after a delay of 15 to 20 minutes. In the mean time, Smt. Paramjit Bedi succumbed. She was not given any treatment. Alleging negligence and deficiency in service in administrating stale and black blood and giving excess dose of cortisone steroids to Smt. Paramjit Bedi, the complainants claimed compensation of Rs. 1 crore from the opposite parties.

(3.) COMPLAINT was contested by filing joint written statement by the opposite parties By way of preliminary objections it was alleged that OP No. 1 hospital is owned by Indraprastha Medical Corporation Ltd, a public limited company and thus only this company can be made a party in the complaint. Neither OP No.2 nor OP No. 3 are the owners of OP No. 1 hospital. On merits, it was pleaded that Smt. Paramjit Bedi was diagnosed as suffering from SLE at AIIMS in the year 1982 and had been undergoing repeated blood transfusion since then. She also had pneumonia in 1990 and suffered from hypertension and had varicose veins. For want of knowledge it was denied that she was treated at Hinduja Hospital, Mumbai by Dr. Joshi. It was stated that there was no need of saline washing of blood in the case of patient of SLE. It was alleged that Dr. R.C. Arora admitted Smt. Paramjit Bedi in hospital as she required blood transfusion. Blood of ˜A group being not available in hospital, was arranged from National Heart Institute. Both units of blood were collected on documentation for transfer from the National Heart Institute to OP No.1 hospital on 23.5.96 and date of expiry of blood was 26.6.96. Both the units of blood were saline washed before being administrated to Smt. Paramjit Bedi. Compatibility report was given a after matching with the patients blood. It was admitted that around 3.00 A. M the nurse came into the room of Smt. Paramjit Bedi to transfuse the second unit of blood as per instructions of Dr. Arora. It was denied that the moment the second unit of blood transfusion started, Smt. Paramjit Bedi felt uneasy and breathless. Blood transfusion was stopped by the nurse on the request of Smt. Paramjit Bedi. It was asserted that even after saline washing the colour of the blood remains dark and blackish red on account of high haemoglobin counts and looks thick. It was stated that consultants are not employees of the company and are appointed on Fee for service basis. The patients chose the consultant of their choice from the panel of consultants attached to OP No.1 hospital. Consultant under whom a patient is admitted is responsible for the treatment and care. Hospital provides necessary infrastructure. It was denied that second unit of blood was stale and black in colour and the condition of Smt. Paramjit Bedi deteriorated as a result of transfusion of second unit of blood as alleged. It was stated that saline washing does not change the colour of the blood. It was stated that Dr. Arora on clinical diagnosis prescribed 60 mg. of cortisone which is the standard dose given in cases like that Smt. Paramjit Bedi. At the time of discharge on 6.6.1996 the haemoglobin had arisen to 9 mm. and the condition of Smt. Paramjit Bedi was stable. Smt. Paramjit Bedi at the time of discharge gave her comments that the hospital was very good and she would recommend it to her friends and relatives. It was denied that dose of 60 mg. of cortisone had led to the deterioration of the condition of Smt. Paramjit Bedi as alleged. Blood was transfused on 3.6.96 and 4.6.96 whereas she died on 4.10.1996 and there was no nexus between the blood transfusion and death of Smt. Paramjit Bedi. Dr. Vijay Kumar Aneja gave complimentary consultation to Smt. Paramjit Bedi on the request of OP No. 3. In SLE disease, the patients immunity system becomes weak and the patient suffers from mental depression, fear etc. It was denied that on account of bad blood transfusion. Smt. Paramjit Bedi started getting cramps and her legs swelled. She was treated by Dr. S.J. Gupta and Dr. Kanwar at OP No.1 hospital. Initially these doctors did not charge their consultation fee but later on they charged it. Receipt of the letters dated 30.7.1996 and 19.9.1996 are admitted but it was stated that those were not acknowledge by OP No.1 hospital being frivolous. Though visit of Smt. Paramjit Bedi on 3.10.1996 was admitted but it was alleged that no bed was available in the hospital for admission and moreover condition was stable. It was stated that Smt. Paramjit Bedi was brought dead to the emergency ward of OP No. 1 hospital on 4.10.1996 at 6.30 a.m. Doctor on duty attended to her immediately. Allegation of her not being attended for 15 to 20 minutes or she having succumbed in hospital were emphatically denied. Liability to pay the amount claimed on account of negligence or deficiency in service was emphatically denied.