Complaint Case No. CC/03 of 2007. Case: Master Shivanshu Vs Doon Valley Hospital. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | Complaint Case No. CC/03 of 2007 |
| Judges | B.C. Kandpal, J. (President), D.K. Tyagi and Veena Sharma, Members |
| Issue | Consumer Protection Act, 1986 - Sections 12, 18 |
| Citation | II (2015) CPJ 169 (Uttar.) |
| Judgement Date | May 01, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
D.K. Tyagi, Member
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Sh. Shambhu Prasad Uniyal, Father and Natural Guardian of Master Shivanshu, (hereinafter to be referred as "Complainant") has filed this consumer complaint before this Commission under Section 12 read with Section 18 of the Consumer Protection Act, 1986, alleging medical negligence committed by opposite party Nos. 1, 2 and 3; Doon Valley Hospital; Dr. Rakesh Mamgain and Dr. (Smt.) Manju Ranjan (Rawat) in his son's treatment and compensation of Rs. 22,19,320 (Rupees twenty-two lacs nineteen thousand three hundred twenty only) along with interest (c) 12% per annum from 3.5.2006 till the date of payment. Briefly stated, the facts of the case are that the consumer complaint is being filed through the father and natural guardian Mr. Shambhu Prasad Uniyal on behalf of the complainant-a minor child age about 10 months approximately. The complainant was born to Mr. Shambhu Prasad Uniyal (Father) and Smt. Uma (Mother) on 26.3.2006 in Government Hospital, Rishikesh. He was born by normal delivery. Both the complainant and his mother were discharged on 28.3.2006 from the said Government Hospital. After one month from the date of birth, the complainant started getting fever, which despite regular treatment persisted and when in high fever, he started getting febrile attacks. The Doctors of the Government Hospital, Rishikesh advised CT Scan, etc. of the complainant to detect the cause. Dr. Narendra Raturi of the said Government Hospital, who was treating the complainant, contacted Dr. Rakesh Mamgain-opposite party No. 2 and discussed the problem of the complainant and as per advice, the complainant was brought to Dehradun, where he was admitted on 3.5.2006 at Doon Valley Hospital, Dehradun-opposite party No. 1. Immediately after admitting the complainant attending doctor, i.e. opposite party No. 3 therein, advised CT scan of the complainant's brain. Hence, as per advice, immediately CT Scan of the complainant was got conducted at Suri Diagnostic and Imaging Center, Dehradun. After CT Scan had been conducted, the complainant was brought back to Doon Valley Hospital on 3.5.2006. There the attending doctors of Doon Valley Hospital gave a note to the complainant's father to bring medicines and injections, etc. for the child. The complainant then was put on intravenous drip/injection from 3.5.2006 itself. In the night of 3.5.2006 when the complainant's mother was allowed to enter the ward after the intravenous drip/injection had been implanted, for breast-feeding the child, she found that at the site and around where the intravenous drip/injection had been implanted on the right hand of the complainant, the fingers had turned blue. The nurse on duty immediately was informed. The said nurse casually stated that it was because of tightness of the band around the wrist. However, nothing was done despite repeated requests and after much persuasion, the nurse agreed to apprise the opposite parties about the condition of the fingers of right hand of the complainant. The complainant's father and mother were called upon to leave the ward thereafter as only patients can stay inside. Attending staff of opposite party No. 1 would look into and take care was stated, but neither the doctors of the opposite party No. 1 attended nor bothered to look into the condition of the complainant. The next morning on 4.5.2006, the complainant's father and mother, when were permitted to enter, were taken aback to see that the entire forearm of the complainant had turned blue and the palm, dark blue during the night. This condition was again then immediately informed to opposite party Nos. 2 and 3, who informed this is nothing serious. Casually it was advised that by applying turmeric boiled in hot water three or four times, the condition would become alright and hurriedly the complainant was discharged. The right arm of the complainant was bandaged after covering it with wool and full sleeves T-shirt was put and discharged from the opposite party No. 1. On the advice of opposite party No. 2, the complainant along with his parents returned back to Rishikesh and Turmeric in boiled hot water was applied after removing bandage on the right forearm, palm and fingers, but there was no improvement. Seeing the deteriorating condition of the complainant, his parents were alarmed. Hence the complainant again was brought back to Dehradun on 6.5.2006 to consult the opposite party Nos. 2 and 3 of opposite party No. 1. However, the attitude of doctors of opposite party No. 1 particularly opposite party No. 2 was simply evasive. The complainant's parents being in a fix, hence, along with the complainant went to Dr. Sachin Suri, where earlier CT Scan was got done on 3.5.2006. There a colour Doppler Imaging of the Vessels of Right Upper Limb of the complainant was got conducted by Dr. Sachin Suri at Suri Diagnostic and Imaging Center. The Doppler findings were suggestive of no flow of blood in the Palmer Arch and Digital Arteries on the right arm including the hand of the complainant, i.e. the site where the intravenous drip/injection was implanted by the doctors of opposite party No. 1. This condition on the right hand of the complainant has developed as a vascular supply of blood to the right hand was occluded, because of very tight bandage applied at the side of intravenous drip/injection applied on the complainant at opposite party No. 1. However, it was so negligently and tightly applied that the vascular supply to the hand was occluded and as a result whereof Gangrene developed therein. The cause of developing of Gangrene on the right hand of the complainant, is directly attributable to the negligence of the doctors of the opposite party No. 1 in application of intravenous drip/injection on 3.5.2006 and the bandage therein on a tender child of just about one month. Proper care, in applying bandage at the sight where intravenous drip/injection had been applied, had not been done due to laches/negligence of the doctors of the opposite party No. 1. That further since there was no relief to the complainant during the stay from 6.5.2006 at Dr. Suri's Hospital, on the advice the complainant's father shifted the complainant to PGI, Chandigarh. Doctors at PGI, Chandigarh on 9.5.2006, after admitting the complainant in Emergency, observed that Gangrene had been developed on the right hand of the complainant due to wrong administration of injection. There was Gangrene on the fingers as well as discolouration of both Palmer and Dorsal Aspects of the complainant's right hand extending to the forearm, because of negligence of the doctors of opposite party No. 1. The fingers of the right hand Palm gradually shrinked and become stiff. Because of the negligence of the doctors of the opposite party No. 1, the complainant's right hand up to wrist had to be amputated at the level of Metacarpophalangeal joint of the right hand. That even after amputation of right arm wrist of the complainant treatment at Himalayan Institute Hospital at Jollygrant, Dehradun for Septicemia had to be got done from 10.8.2006. That negligence is writ large on the face of it in conducting medical duties undertaken by the opposite party Nos. 2 and 3 of opposite party No. 1. Negligence is prima facie self-apparent, nothing further is required to deduce it. Due to laches/negligence in performance of medical responsibilities as mentioned above, the complainant has become permanently handicapped and his entire life ruined. As a result of negligence of doctors of opposite party No. 1, not only the complainant but the complainant's parents are undergoing mental trauma, agony and the complainant shall throughout his life suffer from the ignominy of no right hand and consequent deformity. In view of the above on behalf of the complainant, his father had got issued a legal notice dated 16.11.2006 through Advocate to the opposite party No. 2 to offset and compensate for the negligence in which towards medical expenses already incurred in opposite party No. 1-Doon Valley Hospital, Dehradun; PGI, Chandigarh; Government Hospital, Rishikesh and Himalayan Institute Hospital at Dehradun including costs of medicine, hospitalization stay, fare, ambulance, etc. to the tune of Rs. 17,320 was sought. The complainant further sought compensation towards mental pain, agony, harassment, humiliation/future prospects, etc. and for loss of earning to the complainant's father during this period a sum of Rs. 2,30,000 and towards permanent disability and disfiguration from cradle to grave and social stigma to the complainant a sum of Rs. 17,00,000 was claimed. However, a frivolous reply thereto was received. The complainant in addition to the amount sought in the said notice dated 16.11.2006 further seeks a sum of Rs. 2.00 lacs towards future artificial hand which will be put/implanted on the complainant. That the opposite party Nos. 2 and 3 stood indemnified with United India Insurance Company, Divisional Office, No. 1,54 Janpath, New Delhi vide insurance cover under alleged Policy Nos. 040100/46/05/0604 and 040100/46/05/0605 respectively both valid for the period from 26.5.2005 to 25.5.2006. Thus, all the opposite parties are jointly and...
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