HEMANT KUMAR AND ORS Vs. JASWANT RAI SPECIALITY HOSPITAL AND ORS

JUDGEMENT

(1.) THIS complaint has been filed by the legal heirs of Late Smt. Suman Saxena. Whereas the complainant no. 1 Sri Hemant Kumar is the husband of the deceased Smt. Suman Sexana, the other complainants Sri Ayush Saxena and Sri Akarsh Saxena are her sons. They were minors at the time of the complaint being filed. Unfortunately Smt. Suman Saxena expired on 17 -02 -2000 at 8 a.m. when she was in the ICCU unit of Jaswant Rai Speciality Hospital, Meerut, the respondent no. 1. Dr. Rajeev Agarwala was the Physician who had attended her in the hospital and provided medical treatment. Her husband Sri Hemant Kumar brought her to the above hospital on 15 -01 -2000, where she was examined of her ailment -Hypertension with Bronchial Asthma. She was suffering from severe congested chest, breathlessness and wheezing. Dr. Rajeev Agarwala examined and admitted her in the ICCU unit and Bed No. 1 was provided to her. Some pathological tests were suggested. As her general condition improved, she was discharged two days after i. e. on 17 -01 -2000 from the hospital. Dr. Rajeev Agarwala suggested for her next checkup after ten days but Smt. Suman Saxena had to be taken to the hospital for consultation on 24 -01 -2000. It was alleged in the complaint that despite her condition being grave again, Smt. Suman Saxena, and her husband were persuaded by Dr. Rajeev Agarwala to continue to be at home with the course of treatment prescribed by him. On 15 -02 -2000 the complainant No. 1 brought his wife Smt. Suman Saxena to the hospital and conveyed to the doctor that there was no improvement in her condition. The doctor made him again to believe that improvement would be gradual and advised her to continue with the medicines prescribed. Smt. Suman Saxena with her problems persisting was again admitted in ICCU ward of the hospital on 16 -02 -2000. On 17 -02 -2000, she suddenly suffered from breathlessness and inspite of her deteriorating condition, as alleged further by the complainants, Dr. Rajeev Agarwala reached late by when she died.

(2.) THE complaint was filed with the positive allegations that Dr. Rajeev Agarwala prescribed a medicine know as 'Unicontin' 600 (Theophylline without requisite tests and soon after the said drug was consumed, the abovenamed patient died. As a matter of fact, the drug named above could not be prescribed unless Blood Serum Concentration test and P.E.F./P.A.02 test were conducted. Secondly, the decision of Dr. Rajeev Agarwala to discharge the patient on 17 -01 -2000 amounted to negligence on his part as he directed for her discharge even though she was not feeling well. Either Dr. Rajeev Agarwala had no experience to handle the cases of Hypertension cum Bronchial Asthma or he was making experiment with the patient's life, as alleged further in the complaint. Smt. Suman Saxena was a teacher by profession and earning Rs. 1,30,000/ - per annum. The complainants paid the bills of the hospital. A compensation of Rs. 18,00,000/ - has been claimed by the complainants on account of the loss of life of Smt. Suman Saxena, besides pending and future interest.

(3.) BOTH the abovementioned opposite parties denied the allegations as levelled by the complainants. They denied that the patient was wrongly discharged on 17 -01 -2000 against the wishes of the complainant no. 1 As a matter of fact, she was discharged because her condition at that time was stable and satisfactory and in the estimation of the opposite party no. 2 she was not required to be kept further in the hospital. The Complainant no. 1 never expressed his desire to continue hospitalization of the patient. Her condition was definitely better when she was brought to the hospital on 24 -01 -2000, therefore, the medicines were reduced and the patient was advised to visit three weeks after. On 24 -01 -2000 antibiotic and steroid were stopped and bronchodilator was reduced from 600 mg. to 200 mg. The patient was advised on 15 -02 -2000 for hospitalization but the complainant no. 1 did not bring her to the hospital on 15 -02 -2000, rather she was admitted the next day on 16 -02 -2000 . As a matter of fact, the patient was brought to the hospital by Sri Anil Kumar who has not been joined as complainant on 16 -02 -2000 at 10 a.m. and at that time her condition was very serious. Both the parties have denied that admission to the patient was refused prior to 16 -02 -2000 Smt. Suman Saxena unfortunately died at 8 a.m. onl7 -02 -2000 and Dr. Rajeev Agarwala continued to treat her upto the last. He extended all his care to the patient and all allegations contrary to this were baseless. Dr. Rajeev Agarwala pleaded further that if the patient would not have been improving, her husband would not have brought her to him at Jaswant Rai Speciality Hospital again and again. It is pleaded further that all the allegations levelled in the complaint are false and mischievous and made with ulterior motive. Besides Dr. Rajeev Agarwala, the hospital staff along with Dr. C.L. Arya, Chest Specialist and Dr. Deepak Govil, Anaesthetist had also extended their care and supervision to the patient. There had been no negligence and malpractice on the part of the opposite parties and the hospital staff. A number of tests such as X -ray, EKG and blood test were got conducted during hospitalization of the patient. These reports were deliberately withheld by the complainants.