Case nº First Appeal No. 586 Of 2015, (Against the Order dated 26/05/2015 in Complaint No. 47/2010 of the State Commission Tamil Nadu) of National Consumer Disputes Redressal Commission, August 31, 2016 (case 1. Apollo Specialty Hospital and Anr. 2. Dr. Mrs. Ravathi Raj Vs R. Muthukrishnan)

JudgeFor Appellant: Mr. S. Dayaleswaran, Advocate and For Respondents: Mr. S. M. Vivek Anandh, Advocate
PresidentMr. Ajit Bharihoke,Presiding Member and Dr. S.M. Kantikar,Member
Resolution DateAugust 31, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission


Dr. S. M. Kantikar, Member

  1. The present appeal under Section 19 of the Consumer Protection Act, 1986 is filed against the order dated 26.5.2015 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, ''the State Commission'') in C. C. No. 47 of 2010.

  2. The respondent/complainant, on 11.2.2008 Shri R. Muthukrishnan took his 12 years old son, Master R. M. Vijaram (herein after referred as "the patient") to Apollo Speciality Hospital, (the 1st OP). Dr. Mrs. Revathy Raj, (OP 2) examined the patient and diagnosed it as Acute Myeloid Leukemia (AML), the patient was in remission, given chemotherapy treatment. Thereafter, till 12.12.2008, the patient was normal, no specific complaints. It was alleged that, the OP 2 compelled and prevailed upon the patient to undergo Haplo Identical Stem Cell transplantation (Bone Marrow Transplant (BMT)) treatment urgently. Therefore, patient got admitted in OP 1/Hospital for BMT treatment on 3.12.2008. The BMT was performed on 16.12.2008. Thereafter, during further treatment, patient developed different complications and died on 17.4.2009. The complainant alleged that, the death was due to post BMT Febrile Neutropenia, CMV Nephropathy and acute renal failure. It was happened due to negligence of OP 1/Hospital. The doctors failed to perform tests to rule out any possibility of the presence of CMV virus in the patient. CMV test was done at delayed stage i.e. 29th day of post BMT, it was detected on 4.2.2009. After the said report, the specialist in infectious diseases Dr. Abdul Gaffar prescribed ''Foscarnet'' medicine but the same was not available in the pharmacy attached to OP 1/hospital. Even no steps were taken by OP-1 to procure the said medicine. The doctor/OP 2 advised Gancyclovir even though knowing that it was resistant to CMV in the patient. Ultimately, the boy/patient died on 17.4.2009. The complainant''s further alleged that the patient was referred to Dr. Chendi at CMC Vellore. He did not give any opinion but the doctors at OP 1 performed Haplo Identical Stem Cell transplantation (BMT). During the period from 10.4.2009 to 17.04.2009, OP 2 left for abroad, therefore, the patient was left without proper care. Thereafter, the doctors of OP 1 hospital instead of giving palliative treatment, adopted DNR (do not resuscitate) protocol, which ultimately led to the death of patient. It was further alleged that the hospital did not issue medical record within 72 hours of request, thus it''s violation as per MCI regulations. Hence, alleging medical negligence on the part of OPs, the complainant filed a complaint before the State Commission, Chennai.

  3. The State Commission after going through the evidence and medical record, allowed the complaint and directed the OP to pay Rs. 20 lakhs...

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