SARITA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Complainant, Smt. Sarita, filed this complaint, under section 21 of the Consumer Protection Act, 1986 against the Air Force Hospital, Gorakhpur, UP, OP-3, alleging medical negligence in treatment of her 9 year old son, Master Aditya Vikram, who died due to negligence and carelessness on the part of OPs-4 & 5, i.e. Dr. Arun Dutta, Dr. Manisha Bishwas, contesting OPs and Dr. Ashwini Kumar, proforma OP. She prayed for action against the OPs-4 & 5 claiming damages to the tune of Rs.25,00,000/-. The Complainant's husband was serving under control of OP-1 & 2. The Complainant's son was legally entitled for medical treatment from OP-3.

(2.) Master Aditya, fell sick, on 26.03.1998, for which the Complainant took her son to the hospital of OP-5, Dr. Manisha Bishwas for medical treatment. The OP-5, after examining Master Aditya Vikram, advised for a CT Scan of head from Gomti Medical and Diagnostic Centre, Gorakhpur. It was performed on 26.03.1998. After going through the CT Scan report, the OP-5 told the Complainant not to worry, as it was just a minor disease, having a blot on the right side of head. The OP-5 started the treatment. On 27.03.1998, Master Vikram was taken for confirmation of TB disease, which was found to be negative. The treatment was continued, but no improvement was seen in the health of master Vikram.

(3.) On 28.03.1998, Master Vikram's condition deteriorated. The OP-5 was requested by the Complainant to take an expert opinion from Gorakhpur Medical College. But, OP, again assured the Complainant that there was absolutely nothing to worry, there is no need for any reference to any other place or to any medical expert and OP-5 continued her treatment with 'ALBEN DOZOLE', till 31.03.1998. The condition further worsened, Master Vikram started vomiting, left hand and leg became paralyzed which was brought to the notice of OP-5 and requested to take the opinion of Neuro-Surgeon. But OP-5 turned a deaf ear to it. She flatly refused to refer the patient to a better medical institute. Hence, Master Aditya, further deteriorated with continued vomiting for 3 days, with fever and headache. Thereafter, OP-5 put the patient on dangerously ill-list (DIL). On 03.04.1998, the doctor falsely assured the Complainant, again, that Master Aditya would be preferably alright, within a few days. On 04.04.1998, at the request of the Complainant, her husband and a few well-wishers, the OP-5 referred the case to Command Hospital, Lucknow, on 05.04.1998, along with one attendant. Accordingly, the Complainant and her husband boarded the available train for Lucknow, but unfortunately, Master Vikram died at Gonda Railway Station which was declared by the Railway Doctor. Hence, the body was brought back to Gorakhpur and handed over to OP-3, which was kept in Mortuary and handed over to Police, for post-mortem report. On 07.04.1994, the post-mortem was performed by Dr. C. P. Srivastava at District Hospital, Gorakhpur (Annexure-C-2). Therefore, alleging medical negligence on the part of OP-4 & 5 in the diagnosis treatment and the deficiency in service in delayed referral to the higher center, the complainant filed this complaint and prayed for total compensation amount of Rs.25 lacs with 12% interest, p.a.