A JEYASEELAN Vs. ANANDAN

JUDGEMENT

(1.) THE present appeal is filed by Dr. A. Jeyaseelan against the order dated 25. 5. 2004 passed by the State Consumer Disputes Redressal Commission, Tamil Nadu at Chennai in Original Petition No. 199/97 filed by the complainant/respondent No. 1, Mr. Anandan, for medical negligence and deficiency in service, which was allowed and the appellant was directed to pay a sum of Rs. 2,15,000 as compensation with Rs. 2,000 as costs.

(2.) BRIEF facts of the case are : complainant (respondent No. 1) brought his daughter - A. Selvi (hereinafter referred to as the patient) to the hospital of the appellant on 7. 5. 1996 with a day old fever, headache and pain. The appellant after diagnosing that it could be probably viral fever, administered paracetamol injection and gave tablet along with Amoxcilin and advised to bring her next day. Although the respondent No. 1 informed the appellant that his daughter was normal, the appellant seems to have insisted to bring her back to the appellant's hospital and then she was administered dextrose saline drip. After instructing the untrained nurse to administer drip, the appellant left the hospital to his other clinic. Within a few minutes of the administration of the drips, the patient developed shivering. The staff nurse called the appellant over phone and informed him of the condition of the patient. Appellant advised over phone to give some tablets. After taking the tablets the patient began to lose her eye sight and became semi-conscious and her pulse rate also dropped. The nurse informed the appellant about the same and then he reached the hospital and after seeing the deteriorating condition of the patient, he advised respondent No. 1 to take her to the 2nd respondent's hospital, i. e. , City Tower Hospital for further treatment and gave a letter for the same.

(3.) RESPONDENT No. 2 put the patient on oxygen immediately and gave some tablets and injections but her condition did not improve and became serious. At that time, "the patient was unconscious and was not responding to stimuli. Pupils were normal in size and reacting to light. Temperature was 1030 F, pulse rate was 100/mt, just felt, blood pressure 70/?, Cardiovascular system was S1, S2 + Tachycardia - respiratory system - Bilateral crepitations present; abdomen - soft; central nervous system moving all four limbs, no neck stiffness, incontinence of urine and motion present. No history of poison intake". The patient had developed high grade intermittent fever with profuse sweating and severe headache. History of rigor and vomiting present since morning on 8. 5. 1996 and subsequent loss of consciousness. Immediately on admission after noting the condition, emergency medical treatment was started. She was given 5% GNS I. V. drip and provided with injection Mol 1 amp I. M. ; injection Deriphylline 1 amp I. V. , injection Decadron 2 cc. I. V. , continuous nasal oxygen, throat suction. Subsequently, the patient vomited blood tinged vomitus twice and it was managed by fixing Ryles tube aspiration, administering injection Ranitin 1 amp I. V. and injection Botropase 1 amp. I. V. Subsequently, the patient developed seizure and 25% Dextrose 100 ML I. V. was given. After admission, the patient was examined by Dr. P. Padmanabhan, M. D. , Consultant Physician. The patient had profuse tongue bleeding. He explained the serious condition of the patient to the relatives of the patient and advised to transfer the patient to Intensive Medical Care Unit attached to a bigger institution for further management. Till then he advised to continue the supportive management. In view of the high grade intermittent fever with severe headache, profuse sweating and vomiting with seizures and subsequent loss of consciousness and profuse tongue bleeding, the following clinical diagnosis were considered?" Meningitis (Brain fever) ? Cerebral Malaria".