SHEELA SRIVASTAVA Vs. RAJIV GANDHI CANCER INSTITUTE & RESEARCH CENTRE

JUDGEMENT

(1.) THIS complaint has been filed against the OPs for payment of Rs. 71,50,000/ - (Rs. Seventy One Lac Fifty Thousand Only) for permanent damages caused to the complainant s heart, lungs and brain.

(2.) TOWARDS the end of August 2001, the complainant Smt. Sheela Srivastava was diagnosed to be suffering from carcinoma of the right breast. She was admitted to Rajiv Gandhi Cancer Institute and Research Centre -OP -1 on 03.09.2001 and conservative breast surgery was performed on her on 05.09.2001 by Dr. K.K.Pandey (OP -2) Chief of Surgical Oncologist and Medical Director of OP -1 -Hospital. Complainant was discharged from the hospital on 10.09.2001. Thereafter complainant underwent radiotherapy, interstitial breast implantation and interstitial breast therapy under Dr. S.Hukku -OP -3 and six cycles of chemotherapy under Dr. D.C.Dole -OP -4 between 06.12.2001 to 21.03.2002.

(3.) DESPITE following all of the advices of the doctors and undergoing all treatments, the complainant was unable to eat properly and developed breathlessness after minimal physical efforts. Symptoms of nausea, breathlessness and fatigue reached critical level in July 2002. The complainant was therefore once again hospitalised with OPs. It was diagnosed that complainant was suffering from congestive heart failure (CHF), it was caused due to complications arising from drastic fall in the left ventricular ejection fraction (LVEF) to 20%/21% level. LVEF is minimum 60% in normal healthy human beings and whenever it falls below 30%, heart enters the failure mode. Copies of test reports annexed as C -9 and C -10 (collectively). Copy of discharge summary dt. 20.07.2002, and reports of chest x -ray and echocardiography heart dt. 16 and 19 July, 2001 are marked as Ann. C -11 to C -15 (collectively).