S.C.VYAS, J. - (1.) THIS appeal is directed against order dated 20.08.2010, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), in complaint case No.271/2008, whereby the complaint of the appellant herein, alleging deficiency in service against the respondents, the Hospital and its Doctors, and seeking compensation for such deficiency in service to the tune of Rs.10,20,000/ -, has been dismissed, on this conclusion that the complainant has failed to prove the allegations of deficiency in service and medical negligence.
(2.) IT is not in dispute that wife of the complainant / appellant was treated in the Hospital of the respondent, Pt. Jawahar Lal Nehru Hospital and Research Center, Sector -9, Bhilai from 21.11.06 to 23.11.06 and she died during treatment in the Hospital on 23.11.06 at 11:45 pm. Case of the complainant / appellant before District Forum was that his wife was admitted in the Hospital on 21.11.06 for treatment under the belief that the Doctors attached with the Hospital will treat his wife with their best ability and will provide relief to her from her sufferings. It is alleged in the complaint that on 23.11.06 I.V. fluid Dextrose was administered to her and it was noticed by the complainant that the I.V. fluid was fungus infected and even after informing about it, no care was taken and it was administered to his wife. The complainant and his relatives immediately made report of this incident to the duty Doctors, but even then no care was taken by the Doctors, then the incident was reported by the complainant to the Director of the Hospital, but he has also not taken any proper care and ultimately condition of wife of the complainant became deteriorated and she died in the night at 11:45 pm. It is alleged that her death was on account of gross negligence committed by the respondent / Hospital and its employees, which amounts professional misconduct and deficiency in service and therefore the complainant is entitled to claim compensation of Rs.10,00,000/ - along with cost of litigation and compensation for mental agony Rs.10,000/ -, from the respondents / OPs.
(3.) IN the written version, allegations leveled by the complainant in the complaint have been vehemently denied by the respondents / Ops and it has been averred that wife of the complainant was brought to the Hospital at about 1:45 noon on 21.11.06 with complaints of swelling on right thigh and continuous fever with chest pain and breathlessness. On examination it was found that her pulse rate was 92 per minute, blood pressure 110/70 mm and she was fully conscious. When her right thigh was examined then it was found that there was swelling and minor fever which was indicative of cellulites. Then as per established medical procedure needle of 18 gauge was inserted at the affected site and they tried to extract pus from there and it was found that there was no pus, but some liquid was there, which was extracted and was sent for examination to the laboratory. On examination cellulites was confirmed and then immediately its treatment was started by appropriate medicines, which continued. On 22.11.06, again she was fully examined and it was found that swelling in her right thigh was not there and from the punctured site, where needle of 18 gauge was inserted, no pus was coming out. At about 12:00 noon, she was feeling problem in breathing, so tablet Levofloxacin 500 mg was prescribed per day and at that time also it was given to her. Then on the same day at 6:00 pm chest physician Dr. Kirolikar was consulted, who after examination advised for blood transfusion and along with it, at that time anti -staphylococcal agent with oxygen inhalation was also started. On 23.11.06, she was examined by Dr. T.K. Nayak and she was found conscious and her condition was stable. Swelling on her right thigh was reduced and there was no pus. Treatment was continued and along with capsule Cobadex and some tablets, injection Ceptrizone 1 gm was started and after every 1/2 hours her body temperature, purse rate etc. were recorded. At about 2:00pm the attending nurse reported to duty Doctor, Dr. Nayak that the patient was unable to breathe and her blood pressure had fallen, then the duty Doctor examined her and shifted her to ICU and oxygen was given their. On examination of chest it was found that she was feeling pain in chest and difficulty in breathing. Swelling in the right thigh was reduced and from the punctured site some liquid like water was coming out. Then blood culture was advised along with X -ray chest and I.V. fluid;