SURJIT KAUR vs DEEPAK KAURA

THIS complaint relates to the medical negligence allegedly committed by the O.P. - Dr. Deepak Kaura resulting in untimely death of Shri Ravinder Singh aged about 30 years, son of the complainants Smt. Surjit Kaur and Shri Gurchet Singh Garcha on 28.6.2000. The complainants have claimed a compensation of a sum of Rs. 20 lacs against the O.P.

IT has been alleged that Shri Ravinder Singh aforesaid was quite hale and hearty and had stout body having a height of more than 6 feet and was engaged in his own business at the time when he fell victim to the medical negligence and died at M/s. Anne Heart and Medical Centre. The deceased Shri Ravinder Singh was supporting his parents i.e. the complainants who have now been rendered helpless. On 28.6.2000, the deceased Shri Ravinder Singh took his breakfast with his parents and left for routine job and work. He did not disclose any sought of complaint to his parents prior of leaving the house. He was going to Sector 28, Chandigarh when his vehicle developed some snag. Shri Ravinder Singh stopped his vehicle for a while and got it checked and repaired and proceeded to Sector 28, Chandigarh. He, however, felt some sort of minor disturbance in his mind and also had some difficulty in breathing and as such he immediately went to the one, Dr. B.R. Verma in Sector 19, Chandigarh who attended him and then referred him to the clinic of the O.P. with his prescription report. The deceased Shri Ravinder Singh was taken to the clinic of the O.P. - Dr. Deepak Kaura at M/s. Anne Heart Centre in Sector 15, Chandigarh with the aid of the mechanic and other persons. The medical treatment was provided by Dr. Deepak Kaura immediately and Shri Ravinder Singh was admitted there. IT is alleged that Shri Ravinder Singh was kept under observation and control and supervision by the O.P., on the basis of the prescription slip of Dr. B.R. Verma. The father of Shri Ravinder Singh (complainant No. 2 Shri Gurchet Singh Garcha) received a telephonic call from O.P. No. 1 which conveyed to him that his son Shri Ravinder Singh was admitted in the hospital in a serious condition and he was asked to reach there immediately. After receiving this message, the parents of Shri Ravinder Singh accompanied by one tenant visited the clinic of the O.P. who, however, was reluctant to permit the complainants to see their son Shri Ravinder Singh. The O.P. - Dr. Deepak Kaura informed the complainants that their son was in a very serious condition and was not in a position to breath properly. Ultimately, the complainants along with their tenant entered the room where the deceased was lying and they found that the deceased was throwing frothy food from his mouth and his tongue was also outside of his mouth. IT is alleged that despite the request made by the complainants, the O.P. - Dr. Deepak Kaura did not permit Shri Ravinder Singh to be shifted from his clinic. The complainants were asked to bring medicines from time to time and about at 6.00 p.m., the complainants were informed by the doctor and the nurse that their son Shri Ravinder Singh had expired though he had been under treatment for more than four hours. IT was alleged that the O.P. - Dr. Deepak Kaura was interested only in increasing his bill. The O.P. - Dr. Deepak Kaura also tried to prevail upon the complainants not to go for post mortem report. The complainants had to pay a bill of more than Rs. 90,000/- to the O.P. - Dr. Deepak Kaura for the treatment of their son. Shri Gurchet Singh Garcha, complainant No. 2/father of the deceased lodged FIR with the police and a copy of the same was also placed on record as Annexure P-1. The death summary obtained from the O.P. - Dr. Deepak Kaura was also annexed as Annexure P-2 dated 28.6.2000. The progress report with respect to the deceased indicated various changes and the same was also placed on record as Annexure P-3. The prescription slip issued by Dr. B.R. Verma who first attended the deceased Shri Ravinder Singh in the hospital at Sector 19, Chandigarh was enclosed as Annexure P-4. It was alleged in the complaint that the post mortem report of the deceased showed that the cause of death can be ascertained after the receipt of report of Chemical Examiner and Pathological Expert. In the report of Chemical Examiner and Pathological Expert, no poison was detected. The case was considered to be one of cardiac arrest.

The complainants filed a complaint on the allegations that O.P. - Dr. Deepak Kaura did not properly diagnose the disease of their son Shri Ravinder Singh and rather went on giving different injections and treatment which were not required and that resulted in cardiac arrest. It was alleged that the death of Shri Ravinder Singh took place due to gross negligence and carelessness and mis-application of mind by Dr. Deepak Kaura in diagnosing the disease and in providing the treatment. The deceased, it was alleged, was earning around Rs. 30,000/- per month and he was the only support to his parents in old age. The complainants have claimed a sum of Rs. 20 lacs as compensation on account of medical negligence and unfair trade practice and deficiency in rendering service on the part of O.P. - Dr. Deepak Kaura.

THE O.P. filed written statement alleging inter alia that there is no deficiency and negligence in the performance of duty by him. He has given his qualification to contend that he is a qualified medical practitioner. THE claim of the complainant has been described to be false, malicious and highly exaggerated. It was alleged that the complainant No. 2 had lodged a complaint with the police about his son Shri Ravinder Singh having been murdered by Smt. Raj Preet Kaur alias Mini, resident of House No. 3439, Sector 27-D, Chandigarh who was his girl friend, in conspiracy with Shri S.S. Bedi, her father and Smt. Baljit Kaur, her mother and Dr. Deepak Kaura impleaded as O.P. THE version given in the FIR was found to be false and the police had also recommended a cancellation report wherein it was held that no cognizable offence was made out and Dr. Kaura was a Heart Specialist who gave treatment to the deceased under his observation. A copy of the cancellation report was annexed as Annexure R-2. It was pointed out that the complainants, on one hand, alleged that their son had been murdered whereas they had charged the O.P. with the allegation of negligence. THE present complaint had been filed out of sheer frustration. THE complainant had concealed material and true facts by not stating about the cancellation report submitted by the police in FIR lodged by the complainant No. 2. It was also contended that this Commission had no jurisdiction to entertain and try the complaint as it involved complicated questions of fact and law which could only be adjudicated in a detailed manner only in a civil suit. On merit, it was admitted that Shri Ravinder Singh had died at 7.45 p.m. on 28.6.2000 in M/s. Anne Heart and Medical Centre. The deceased was alcoholic and he was suffering from Acute Lateral Wall MI. it was contended that the patient himself admitted at the time of admission that he was having fear and that fact found mentioned in the progress chart attached as Annexure P-3 by the complainants along with the complaint case. The deceased prior to coming to the hospital of O.P. had visited the clinic of Dr. B.R. Verma who referred him to the clinic of the O.P. - Dr. Deepak Kaura. In the reference slip, this was mentioned that the deceased has profused sweating and he was given treatment also. The copy of reference slip issued by Dr. Verma has been annexed as Annexure R-3. The certificate, it was alleged, of Dr. B.R. Verma, (Retd.) Director Health Services found that the patient Shri Ravinder Singh was in a serious condition and Dr. Verma was not competent to treat him in his clinic and hence he referred the patient Shri Ravinder Singh to the O.P. - Dr. Deepak Kaura who is a renowned specialist and his hospital/nursing home is equipped with all infrastructure meant for cardiac patients. The deceased, it was alleged, was suffering from Acute Lateral Wall MI which was a very major disease. The progress report was extracted in the written statement. The O.P. further contended that in view of the pathological report, the possibility of death due to cardio respiratory arrest as a result of myocardial infraction could not be ruled out.

THE complainant filed replication in which the averments made by the O.P. in the written statement were denied and allegations made in the complaint case were reiterated. In evidence, the complainant No. 2 filed his own affidavit whereas the O.P. - Dr. Deepak Kaura filed his affidavit and Annexures including Annexure R-4 i.e. Consent and R-5 Progress Chart. We have heard the learned Counsel for the complainant Mr. D.S. Marwaha, Advocate and the learned Counsel for the O.P., Mr. S.K. Vohra, Advocate. The complainants are the parents of the deceased Shri Ravinder Singh who have alleged that their son Shri Ravinder Singh died at the clinic of O.P. - Dr. Deepak Kaura due to the medical negligence, carelessness and deficiency in service on his part. In order to prove the allegations of medical negligence, the complainants relied on the affidavit of complainant No. 1 Shri Gurchet Singh Garcha and filed documents including FIR dated 30.6.2000, Prescription issued by the O.P., Prescription of Dr. B.R. Verma dated 28.6.2000, Payment Bill dated 28.6.2000, Death Summary prepared by O.P. - Dr. Deepak Kaura, Report of Dr. Kalyani Kapoor dated 7.6.2000, Post-mortem report dated 29.6.2000/24.4.2001, 10+2 Certificate of the deceased dated 10.9.1990, Publication in newspaper Tribune dated 23rd October, Report of doctor dated 2.3.2001, Information of death to police by the O.P. which is dated 28.6.2000 and Report of Dr. B.R. Verma dated 6.4.2000. The narration of facts made above would go to show that the death of Shri Ravinder Singh at the clinic of O.P. was reported to the police and an FIR was registered under Section 154 of IPC. The other accused named in the FIR besides O.P. - Dr. Deepak Kaura were Smt. Raj Preet Kaur @ Mini, Shri S.S. Bedi and Smt. Baljit Kaur. There were allegations of criminal conspiracy and charge of murder under Section 302 was levelled against the accused including the O.P. - Dr. Deepak Kaura. The police after investigation of the case submitted a final report before a Court of competent jurisdiction against all the accused including the O.P. - Dr. Deepak Kaura. In the post-mortem report dated 29.6.2000, the cause of death was not determined and it was to be ascertained after the receipt of Chemical Examiner and Histopathological Report. The Chemical Examiner and Histopathological Report showed that the possibility of death due to cardiac respiratory failure as a result of acute myocardial infraction cannot be ruled out. For determining the controversy regarding the medical negligence, carelessness and deficiency in service on the part of O.P., the material placed regarding the FIR and the final report is not quite relevant as the final report is to be disposed of according to law by the Court of competent jurisdiction.

SO far as the post-mortem report is concerned, the cause of death which was finally determined on the report of Chemical Examiner and Histopathological Report, was due to cardiac respiratory occurring due to acute myocardial infraction. The death summary prepared by Dr. Deepak Kaura shows that the patient Shri Ravinder Singh was admitted on 28.6.2000 at 5.30 p.m. on being referred by Dr. B.R. Verma and the patient was having heaviness in his chest with pain in the left arm. The patient also had profuse sweating and nausea and was feeling difficulty in breathing. He was also having uneasy feeling. There is no history of hypertension, diabetes or CAD. The blood pressure was recorded as 120/80, pulse of 86/min, regular, respiratory rate of 18/min. The JVP was raised and the chest was found clear. To cardiac examination revealed normal first and second heart sounds. LVS3 was also present. Abdomen was benign. ECG was done which revealed normal sinus rhythm, ST elevation in Lead I, aVL and V5 to V6. The patient was admitted with diagnosis of Acute Lateral Wall Myocardial Infraction. He was immediately started on Inj. Streptokinase 1.5 MU, Inj. Nitroglycerine, Tab. Disprin, Tab. Metolar, Tab. Covance and oxygen inhalation. Thereafter, it is mentioned that at 5.30 p.m., the patient developed sudden cardiac arrest. Immediate cardiac massage was started and the patient was intubated with #8 ETT and artificial respiration with AMBU bag was started and he was given Inj. Adrenalive, Inj. Atropine, Inj. Magnesium Sulfate, Inj. Xylocard drip, Inj. SOdium Bicarbonate and Inj. Dopamine drip. Despite all efforts for about 2 hours, the patient could not be revived and was eventually declared dead at 7.40 p.m. on 28.6.2000. The final diagnosis was described as Acute Lateral Wall Myocardial Infraction and the cause of death was cardiac arrest. This report regarding the death summary prepared by the O.P. - Dr. Deepak Kaura shows that the patient was treated for the ailment regarding his heart and eventually he suffered sudden cardiac arrest and the immediate measures were taken by the O.P. - Dr. Deepak Kaura who was also deposed about it in his affidavit but despite treatment, the patient could not revive. Dr. B.R. Verma had examined the patient on 28.6.2000 prior to referring him to the O.P. - Dr. Deepak Kaura and found him sufering from Gastritis with Vomiting. He had prescribed Zocar 2.5 mg., 2 Tab. Stat; Electral Powder -2 tsf with glass of water and Nimboo Pani with Sugar and Salt. At the clinic of the O.P. after the death of the patient Shri Ravinder Singh, one Jasmin as close relative and the complainant No. 1 also put signatures in the form relating to General Consent to Treatment. At 7.45 p.m., the father of the patient suspect foul play by some people that patient might have been given poison and want to inform the police and further informed the Doctor that he had already informed the Police Station (SHO), Sector 11 at 7.55 p.m. It was signed by the complainant No. 1 vide Annexure R-4. Vide Annexure R-5, the progress chart showed that the complainant had been admitted with heaviness in chest and left arm for last 1 hour and was having bear when develped heaviness in left arm and chest accompanied by profused sweating and difficulty in breathing. ECG showed evidence of lateral wall MI. On the reverse of Annexure R-5, the advice by O.P. has been mentioned and investigation plus ECG recommended were also mentioned. The patient was finally declared dead at 7.40 p.m. on 28.6.2000.

AS mentioned above, the post mortem was conducted. The cause of death was deferred till the report of Chemical Examiner and Histopathological Report was received and after the same was received, the final cause of death was determined as acute myocardial infraction and we have already referred to the same in the earlier part of our order. The evidence of Dr. Deepak Kaura which is filed in the shape of his affidavit shows that he after completing his MBBS from Government Medical College, Patiala, Punjab did his MD is Internal Medicine at PGIMER, Chandigarh and further did his DM (Cardiology) from PGI, Chandigarh and was a Consultant Cardiologist a Annie Heart & Medical Centre, Chandigarh. He also had several publications in several journals and had also won awards and prizes in the field of Medical Science and is highly competent and has treated the patient Shri Ravinder Singh with all medical facilities which are available in the modern hospitals including PGI, Chandigarh. He stated that he prescribed the treatment to the patient after obtaining a proper consent from the attendant and he gave complete treatment as per the established norms of medical science regarding the treatment of the aforesaid disease. He also referred to the post mortem examination done of the dead body of Shri Ravinder Singh which was conducted by Dr. Kalyani Kapoor, Reader, Department of Pathology, Government Medical College, Chandigarh. He further deposed that the father of the complainant Shri Gurchet Singh Garcha called the deponent after the death of Shri Ravinder Singh because lot of money had been spent on his treatment and he could not be saved. Dr. Deepak Kaura deposed further that he informed him that it was not possible for him to do so and he further informed the complainant that standard treatment of heart attack was given to the patient as written in the books and it was not possible to save every heart patient in spite of best treatment but he persisted that he will involve the deponent in a criminal case and when he failed in his designs to grab money, he lodged the present complaint. Dr. Deepak Kaura further deposed at internal page 9 that standard medical norms required for treating a patient of Myocardial Infraction (Heart Attack) was given to Shri Ravinder Singh and the same treatment is prescribed in the latest books of medicine and there is no negligence in treating the deceased at all. He also mentioned that no poison was detected during the post mortem examination or in the report of Chemical Examiner. Towards the end, he deposed further that there was absolutely no negligence and deficiency in service on the part of deponent in treating the patient. The complainant did not lead any evidence of medical expert to show that the treatment prescribed by the O.P. - Dr. Deepak Kaura was contrary to the established norms of treatment for heart attack. The matter regarding the penal aspect of the case is already before the Court of competent jurisdiction dealing with the final report submitted by the police.

After carefully considering the material placed on record, we find that the complainant has failed to prove that the O.P. was medically negligent, careless and deficient in service in treating the patient Shri Ravinder Singh. The complaint lacks merit and is dismissed. The costs shall, however, be borne by the parties themselves. Copies of this judgment be supplied to the parties free of charges. Complaint dismissed.