J.Jayaram, Member (J) - (1.) THIS appeal is filed by the opposite parties against the order of the District Consumer Disputes Redressal Forum, Erode in C.C. 42/2006, dated 3.7.2009, allowing the complaint. The complainants' case is that they are the parents of the deceased Master Magudapathy, aged 15 years, at the time of his death. On the morning of 2.7.2005 when Magudapathy was in his school, he experienced severe back pain, and the school teachers rushed him to the 2nd opposite party hospital. The 2nd opposite party hospital suspected Gastric related problem, and after taking X -Rays, they found no abnormality, and they administered analgesics, and not being able to diagnose the problem, he was shifted to the 3rd opposite party hospital, and he reached the hospital at about 1 pm on the same day, where scan was taken and finding no abnormality, and there being no improvement in his condition/pain, they further shifted him to the 1st opposite party hospital, and the patient reached the hospital at 4 p.m. He was examined by the duty doctor, who said that there was nothing warranting emergency treatment, and the patient was referred to one Dr. Rajkumar, General Surgeon of the 1st opposite party hospital, and since Dr. Rajkumar was busy with another surgery, he came to the scene only at about 6.30 p.m. and within a few seconds, the patient collapsed. Then, he was shifted to the ICU, where he was declared dead. The death occurred only due to the negligence and deficiency in service on the part of the opposite parties and hence the complaint.
(2.) ACCORDING to the opposite parties, the patient was examined by the 2nd opposite party and various tests were conducted and they could not diagnose the case because everything was normal, except the abdominal pain and therefore, they shifted the patient to the 3rd opposite party hospital in Erode, where Ultra Sonogram (USG) was done, but they could not diagnose the problem, and everything being normal and the abdominal pain not subsiding, he was referred to the 1st opposite party hospital/main hospital at Coimbatore. In the 1st opposite party hospital, the patient was seen by the surgeon of the 1st opposite party hospital at about 4.50 p.m. and he was further examined by the Pediatrician and the doctors were of the impression that it was a probable case of acute pancreatitis, since it was not the likely case of Gastroenteritis or mesenteric ischemia. Further investigation was to be done to ascertain the cause for pain and vomiting, and the patient left the emergency ward around 6 p.m. and as soon as Dr. Rajkumar, General Surgeon, came within a few seconds of his arrival, the patient's condition deteriorated suddenly and collapsed, and he was transferred to the ICU, and the doctors started active resuscitation. Cardiologist and Radiologist were sent for and they tried their best to save him, but the patient could not be revived and was declared dead at about 7.45 p.m. According to the opposite parties, the test reports show that the ultimate cause of death is sudden hypovoleamic shock due to dissection and rupture of Thoracic Aorta with massive blood leak into the right chest. There is no negligence or deficiency in service on their part. The District Forum considered the rival contentions and allowed the complaint holding that there is negligence and deficiency in service on the part of the opposite parties, and passed an order awarding a sum of Rs. 5 lacs towards compensation for mental agony and suffering, and to pay costs of Rs. 5,000. Aggrieved by the impugned order, the opposite parties have preferred the appeal.
(3.) WE have to note that the 2nd and 3rd opposite party hospitals are branches of the main hospital viz. Kovai Medical Center and Hospital, Coimbatore, who is the 1st opposite party. On 2.7.2005, the boy was in the school and he complained of severe back pain and discomfort, and he was rushed to the 2nd opposite party hospital at Perundurai in the school vehicle, and admittedly in the 2nd opposite party hospital many X -Rays were taken, but they could not control the pain, and they found no abnormality, and therefore they shifted the patient to the 3rd opposite party hospital at Erode on the same day where abdominal scan (USG) was taken, which revealed no abnormality. Nothing abnormal could be detected, and the problem could not be diagnosed by the 3rd opposite party hospital; but they suspected it to be a probable case of mesenteric ischemia. Therefore, not being able to diagnose the problem, they shifted the patient to the 1st opposite party/main hospital at Coimbatore, and the patient reached the hospital at about 4 p.m.;