SHRAVAN KUMAR KAUSHAL vs P JAAMJOOT

-BY this complaint, the complainants have alleged negligence against the opposite party doctors in the treatment of Smt. Ramdulari, the wife of complainant No. 1, Mr. Shravan Kumar Kaushal and mother of the complainant No. 2, Master Sonu. They have claimed compensation totalling to Rs. 15,00,000. 1. The facts as depicted by the complainant No. 1, Mr. Shravan Kumar Kaushal are that his wife (hereinafter referred to as the deceased consulted opposite party No. 1, Dr. P. Jaamjoot, and opposite party No. 2, Dr. (Smt.) Anjali Patwardhan for her delivery of her first child, on 16. 2. 2000. They advised admission in the hospital. On 20. 2. 2000, the day of her delivery, Dr. Jaamjoot assured them that it would be a normal delivery, but he later changed his stand and the deceased was operated around 5. 30 p. m. After around 45 minutes the doctors came out of the operation theatre and informed them that the operation was successful.

MR. Kaushal further states that after the operation both the doctors left the hospital. They informed the nurse on duty to give one bottle of blood to the deceased, and to call them on their mobile or pager in case of any problem. After the doctors left, the deceased started bleeding heavily. Mr. Kaushal repeatedly asked the nurse on duty to call the doctor. They were assured that doctors were coming. As her condition deteriorated, the deceased was taken to the ICU. However, the doctors came to the hospital only around 9. 30 p. m. They went to the ICU twice for a few minutes, and then went to their office. They were not able to give any assurance regarding the condition of the deceased. At the insistence of Mr. Kaushal and his friends, they went to ICU again. When they came out they informed them that she had expired. Mr. Kaushal has alleged that the doctors were unable to stop the bleeding. They also did not provide any oxygen to the deceased as a result of which she expired. An FIR was made at 2. 15 p. m. He further alleges that due to their high contacts and political connections, the opposite parties had an incorrect post-mortem report made in collusion with Government doctors. On the complaint made by him an inquiry was constituted against the opposite parties, by the doctors of MGM Medical College, Indore.

Alleging deficiency, the complainants have sought a total relief of Rs. 15,00,000 with interest and costs.

OPPOSITE party No. 1, Dr. Jaamjoot, in his reply states that he is director of Getwell Hospital and opposite party No. 2, Dr. Anjali Patwardhan is an indepent paediatrician. He states that the deceased was brought to the hospital in a bad condition on 18. 2. 2000. It was her first delivery after 11 years of marriage. She was underweight and physically week. She was also anaemic and the attendants of the deceased were asked to arrange for blood. He states that he himself finally arranged for the blood, as they were unable to do so. He denied that he ever made any promise of a normal delivery. The deceased was operated in an emergency. On examination the heartbeat was very low and the baby in the womb had passed stool, which caused urgency to get the caesarean operation done. The operation was over by 1. 15 p. m. and after the operation, he and other doctors were present in the hospital attending to the OPD. He was also in his room for some time, arranging for blood for the deceased. He denies that he ever left the hospital. He also denies that the deceased was bleeding profusely or that blood and oxygen were not given in time. Had she been bleeding profusely, she would have gone in coma or shock, and her urine output would have been affected. The cause of death was pulmonary embolism, which is a rare and known post-operative complication where the doctors are also helpless. She was put on ventilator and given all necessary treatment. Dr. Jaamjoot further states that both he and Dr. (Smt.) Patwardhan are qualified and renowned doctors with sufficient knowledge and skill. They both have received international awards. He also states that the hospital is well equipped with latest equipment and facilities.

DR. Jaamjoot also alleges that Mr. Kaushal and his relatives misbehaved with the paediatrician and used abusive language, so the police had to be informed. He denies that they influenced the doctors who conducted the post-mortem. Though the police did an investigation, the case was closed as the complaint was found to be false. Alleging that the allegations are baseless and made only to obtain money, Dr. Jaamjoot has prayed that the complaint be dismissed with costs. Opposite party No. 2, Dr. Anjali Patwardhan, in her reply, states she is a qualified paediatrician and has been unnecessarily impleaded as a party in this case. She categorically states that she gave no treatment in respect of the deceased

WE have heard the arguments of the learned Counsel of both the parties and perused the evidentiary material or record.

MR. Kaushal''s allegation that the doctor promised a normal delivery is apparently absurd. A doctor can only promise to do his best to try for a normal delivery. Ultimately, it is the condition of the mother as well as the unborn child, which is of paramount importance, and becomes the deciding factor whether to opt for an operation or a normal delivery. In the case in hand, the condition of the mother was not good and the child had passed stool in the womb, necessitating an emergency operation. Mr. Kaushal has also alleged that the doctors were not able to stop the profuse bleeding due to which the deceased died. However, the hospital records do not make any mention of excessive bleeding. The death was also not due to haemorrhage. According to the post-mortem done at the Civil Hospital, Mhow, the cause of death was due to pulmonary embolism. Information available on the internet explains that-''pulmonary Embolism (PE) is an extremely common and highly lethal condition that is a leading cause of death in all age groups. A good clinician actively seeks the diagnosis as soon as any suspicion of PE whatsoever is warranted, because prompt diagnosis and treatment can dramatically reduce the mortality rate and morbidity of the disease. Unfortunately, the diagnosis is missed more often than it is made, because PE often causes only vague and non-specific syemptoms''. www. emedicine. com/emerg/topic 490. htm.

Mr. Kaushal has alleged that the opposite parties manipulated the post-mortem report. If he felts this was the case, he was free to have the post-mortem done at the place of his choice. The fact that this was not done, shows that he was satisfied with report, and the allegation was an afterthought.

MR. Kaushal has also alleged that the hospital was poorly equipped, with no doctors present in the evening when the condition of the deceased deteriorated. This is belied by the report given by the investigating doctors of MGM Medical College, Indore, wherein they have stated that the hospital has all the necessary equipment including ventilators, cardiac monitors, etc, along with adequate supply of oxygen. They have also stated that a list of doctors present at the time of the deceased''s death, has been given to them by Dr. Jaamjoot. In our considered view, the complainants have not been able to prove their case. We do not find any negligence or deficiency on the part of the respondent doctors. The complaint thus fails and is dismissed. We make no order as to cost. Complaint dismissed.