Ram Swaroop Kaurav vs Ranjana Joshi

THOUGH deceased Smt. Surja Devi, w/o Ram Swaroop Kaurav was surgically operated by respondent No. 1 who was associated with Cancer Hospital and Research Centre, Mandare Ki Mata, Gwalior, respondent No. 2 on 9.7.1997, it was not eventful, as shortly after surgical operation, when patient was shifted to the ward, she complained of pain and restlessness for accumulation of blood in stomach. Services of Dr. B.R. Shrivastava were requisitioned who operated upon the patient and took out half-litre of blood from her stomach and tied the Iliac Arteries at both ends. As patient was not responding to the treatment, services of another Doctor, namely, Dr. Ripudaman were availed, who carried out another operation. However, allegedly for excessive blood loss, her kidney failed and following lung infection, the patient died on 18.8.1997 following respiratory failure.

ALLEGING deficiency in service on part of the respondents, petitioner took recourse to redressal agency filing a complaint, which was resisted by respondents. Defence of respondents before Fora below and also before us was that respondent No. 1 was a qualified Gynaecologist and surgical operation was performed as per standard procedure and that apart, in case of surgical operation, Doctors cannot be guarantors of absolute safety as reactionary hemorrhage is one of the complications entailed in surgical operation. Defence of respondents is also that after patient''s vital organs showed a symptom of declining, she was immediately attended to and exploratory laprotomy was conducted when ligation of the Iliac Artery was done.

PETITIONER has attributed deficiency on part of respondents holding that there was a cut in artery during hysterectomy done by the Doctor attending her, resulting in excessive loss of blood. No efforts were made to drain out blood that had accumulated in her stomach and wound was closed. Referring to finding of Dr. B.R. Shrivastava who carried out second surgical operation, petitioner made averments that Dr. Shrivastava had made explicit finding that accumulation of blood in stomach was due to cut in Artery during surgical operation. Yet other grievance of petitioner was that all complications that followed surgical operation were due to theatre being unsterilised. District Forum, on appraisal of pleadings of parties, holding that Iliac Artery had not been properly tied during operation, saddled respondent to pay compensation of Rs. 20,000 along with cost of litigation of Rs. 1,000 to petitioner. State Commission in appeal, took notice of medical text which postulates two possibilities for hemorrhage of blood following a surgical operation of the kind which was carried out on deceased patient. First possibility as per medical text is that there may be reactionary hemorrhage due to rolling of ligature or dislodgement of a clot. Other possibility was that there may be external vaginal hemorrhage in first few hours after operation, particularly, hysterectomy associated with intra-abdominal hemorrhage either into the retro-peritoneum or the pelvis which is usually due to slipped ligature. Though reactionary hemorrhage as was noticed by State Commission was a complication following surgical operation, that was dealt by the doctors, however, the patient did not respond to the treatment and died.

THOUGH petitioner had placed on record affidavit of doctors who attended the patient including that of Dr. B.R. Shrivastava who resorted to needling test to find out as to whether there was accumulation of blood in stomach, contrary to assertion made by petitioner, no where Dr. Shrivastava says in his affidavit that flow of blood was due to cut in Artery during surgical operation made by respondent No. 1. He made explicit assertion in affidavit that though there was no active bleeding point, as a precautionary measure, he tied both ends of internal Iliac Arteries. Though deficiency in service of respondents was attributed by petitioner, on some observations made by Dr. Shrivastava, as we have noticed, Dr. Shrivastava did not find any active bleeding point during needling test though there was accumulation of wood in stomach for which, with the help of medical text, we have noticed that blood hemorrhage may occur due to other possibilities also. Finding of State Commission is based on meticulous issues involved, which did not warrant our interference. However, learned Counsel for petitioner urged that regard being had to the paltry amount of compensation awarded by District Forum, respondent should be benevolent to honour award of District Forum. However, for a stigma that will survive with respondents, Counsel for respondents are unwilling to respond to the move made by learned Counsel for petitioner. Revision petition in the circumstances having no merit is dismissed, but without order as to cost. Revision dismissed.