N. RAGHAVAN Vs. P.B. SADASIVAN PHYSICIAN & CARDIOLOGIST
LAWS(TNCDRC)-2009-11-35
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 30,2009

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) THE complainant took his wife to their family Dr. Revathi Ananthasubramaniam., for checkup, since his wife had noticed lump under her right breast. At her request, series of tests were conducted, and after scrutinizing the results of the test, the doctor confirmed that the complainants wife is having a problem of Carcinoma. To confirm the complainants wife decided to have second opinion and in this view they have approached the 1st opposite party, who is in 2nd opposite party hospital. He advised to consult the 3rd opposite party by name Dr.A.N.Vaidheeswaran. The 3rd opposite party, after physical examination, confirmed it to be a case of carcinoma. Thus the complainant hired the services of opposite parties 1 to 3 for consideration.
(2.) ON 30.9.1997, at the request of the 1st opposite party, various tests such as X-ray, chest PA view, ECG were taken, and after obtaining the test report, wife of the complainant was admitted in the 2nd opposite party hospital on 1.10.97. There, further tests were done, such as TC, DC, ESR, Blood grouping and Rh typing. The 1st opposite party informed that immediate surgery is required and a decision was also taken, to perform surgery on the same day viz. 3.10.97. Considering the anemic nature of the complainants wife, Dr.Rajendran, Anesthetist, expressed his reservation, and despite the 1st opposite party assured that the surgery should be done, has to avoid unnecessary wastage of blood. The surgery for Right Simple Mastectomy with Axillary Clearance for Carcinoma Right breast was done as planned. After surgery, a specimen of Lympnodes were sent to 4th opposite party for Biopsy, which revealed infiltrating ductal carcinoma.
(3.) AFTER a week, i.e., on 11.10.1997, the patient developed cough and back pain. The doctors have not taken steps to investigate the reason for the cough and back pain. Only suppressive medication was given, without attempting to do any investigation. The healing of wound was very slow and persistent yellowish discharge from the surgical wound was noticed, till her death. When the wound had not healed, even after a month had lapsed, the 1st opposite party decided to give radiation treatment to the patient and accordingly the patient was sent to Dr.A.N. Vaidheeswaran, suggesting chest wall irradination to the patient. Dr. Vaidheeswaran also gave preference only for Radotheraphy, and accordingly Radiotheraphy was given from 17.11.97 to 18.12.97, without any improvement. At the request of Dr.A.N. Vaidheeswaran, on 1.12.97, 4th opposite party CBC test, barring ESR to the patient and forward its test report. If ESR had been done, at that stage, it would have revealed the pulmonary and lumbar secondaries and prompt treatment could have been administered. But the patient was discharged from Tamil Nadu Hospital, on the completion of the Radiation treatment on 18.12.1997.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.