Complaint Case No. CC/05/76. Case: Shashi Prabha Singh Vs 1. Sir. J. J. Hospital, Mumbai, 2. Dr. Alka Despande, Head of Gastroenterology Department, Sir J. J. Group of Hospital, MumbaiL (3) Dr. Akash Sargaokar, Sir J. J. Group of Hospital, Mumbai. Maharashtra State Consumer Disputes Redressal Commission
| Case Number | Complaint Case No. CC/05/76 |
| Judges | P. N. Kashalkar (Member) & S. P. Lale (Member) |
| Issue | Consumer Law |
| Judgement Date | February 07, 2011 |
| Court | Maharashtra State Consumer Disputes Redressal Commission |
Judgment:
P. N. Kashalkar (Member)
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This complaint has been filed by Mrs.Shashiprabha Singh, wife of deceased Anil Kumar Singh alleging deficiency in service on the part of Sir J.J. Hospital and its two doctors. J.J. Hospital is cited as 'Opponent No.1', Dr.Ms.Alka Deshpande as 'Opponent No.2' and Dr.Rakesh Sargaokar as 'Opponent No.3'.
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According to the complainant her husband deceased Anil Kumar Singh was an employee of Central Government of India in Naval Armament Depot, Karanja. Her husband was employed in Indian Navy and was drawing a salary of 17,000/- per month. According to her, her husband Anil Kumar Singh developed some complications regarding his health. He has loose motions, abdominal pain and fever for about two years and he was admitted in J.J. Hospital in Ward No.12B on 06/08/2003 and was under treatment of the opponents. According to the complainant, after checking her husband-Anil Kumar Singh, opponent No.2-Dr.Deshpande prescribed an injection "PEGASYS Peginterferon alfa-2a". It was a very costly injection, but opponent No.2 wrote a letter to the Central Government Health Scheme on 23/08/2003 and requested them that they should provide PEGASYS injection 180 mg. once a week for total period of 24 weeks. She also prescribed certain other medicines. Exhibit-B is the copy of said letter. According to the complainant said injection was given to her deceased husband for 24 weeks. In addition, some medicines were also prescribed and given to her husband Anil Kumar Singh. But, condition of Anil Kumar Singh never improved. The complainant averred that during said period, opponents did not bother to check husband of the complainant about the effect of the injection given to him and due to administration of said injections, he developed 'Liver Cirrhosis" and her husband died on 25/12/2004. Exhibit-D is the copy of postmortem report issued by the Indira Gandhi Rural Hospital. Complainant says that cause of death was 'terminal cardio respiratory arrest due to liver cirrhosis'. The complainant pleaded that her husband was checked by opponent No.3, who by letter dated 01/03/2004 referred husband of the complainant to Dr.Samir Shah of Jaslok Hospital. Complainant pleaded that doctors of Jaslok Hospital and Bombay Hospital (he was also admitted in Bombay Hospital on 18/10/2004) orally suggested that the injections given to Anil Kumar Singh was not necessary and he could be treated by medicines alone and his liver become decompensate because of injection 'Pegasys' and they were negligent in handling her husband. She alleged that due to negligence of the opponents, her husband died at the early age of 46 years.
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The complainant pleaded that both the doctors had not monitored the condition of the patient after each injection was given and after 23rd injection, it was observed that his stomach, hands and legs had a swelling. She had brought this fact to the notice of Dr.Sargaokar-opponent No.3, but he ignored the same. After 24 days he asked him to do sonography. In the sonography, it was revealed that there was water in the stomach. Then 1½ liters of water was taken out from his stomach and the rest was dried with medicines. She pleaded that due to effect of injections, liver was decomposed. The injection kills the cells of liver because the virus of Hepatitis B is situated inside the liver cells. So, with every injection the liver decomposes. Opponent No.3 did not tell about this to the complainant. Opponent No.3 told her that if no medicines would be given the virus would remain like this. Then, he said that her husband should take 24 more injections. Then, he went to Jaslok Hospital and met Dr.Samir Shah. Dr.Shah told him that not a single injection was needed for him. Dr.Shah prescribed some medicines. It took Dr.Sargaokar-opponent No.3 one week to approve all those medicines. Then on 26th August morning patient became unconscious. He was taken to J.J. Hospital. Doctors did not do anything. Again on 18th October he became unconscious and he was taken to J.J. Hospital. Dr.Sargaokar-opponent No.3 admitted him in different Ward where the doctors did not know anything about the case. They suggested opponent No.3 to take advice from Dr.Shah. Then they shifted husband of the complainant to Bombay Hospital on their own risk. He was kept in ICU and in less than 24 hours he became conscious. Dr.Geeta Billa of Bombay Hospital told that, "Pegasys injection not only kills the virus but also kills liver cells". She told them that due to injections, his liver was decomposed and he would not survive for more than 3 months or one year. He was treated very well. When he became conscious he could not stand or sit on his own because he became very weak. When he returned home he could not walk. He needed someone for safety. Some days he was good, he was improving, but one day cough started and it did not stop. So, she contacted Dr.Geeta Billa. She gave medicines. On 25/12/2004 when he was sleeping he coughed two or three times and passed away. She spent 7-8 Lakhs on his treatment, but he died because of wrong treatment given by the opponent Nos.2&3-doctors. Complainant therefore filed consumer complaint claiming damages of 33,56,000/-. She claimed damages on the basis of monthly salary he was drawing and monthly salary he would have earned if he would have survived upto the age of 60 years. Complainants filed certain papers with the complaint.
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Opponent No.1 did not contest the matter. Opponent Nos.2&3 filed joint written version. They pleaded that complaint is not tenable and liable to be dismissed with cost. They pleaded that complaint is barred by limitation. They pleaded that there is no negligence or defects in the service rendered by opponent Nos.2&3. They pleaded that Anil Kumar Singh was given proper and required treatment as per the medical standard. Opponent Nos.2&3 submitted that as the patient was diagnosed of chronic active Hepatitis B with compensated liver cirrhosis with portal hypertension, he was advised a course of pegylated interferon alpha 2a injections to be administered weekly. Said course of injections was prescribed in keeping with the treatment guidelines after proper diagnosis, confirmed by laboratory investigations. Opponents pleaded that first injection was given to Anil Kumar Singh on 26/08/2003 in the Ward with uneventful course and further the patient was kept under observation for 3 days and was discharged on 29/08/2003. Opponents denied that opponent No.3 did not listen to the patient's problems. The very fact that the opponent No.3 told the patient that he was normal (stable) showed that he had carefully listened to the patient and expressed their opinion. They denied that opponent No.3 was informed by the relatives of the patient about any infection on stomach (abdomen). They denied that they had directed the patient to meet Skin Specialist in the OPD. They stated that they had no knowledge about that the patient having gone to Skin Specialist and whether he had prescribed any medicines. They denied that opponent No.3 ignored that the patient's hands and legs were swelling. In fact when the patient came as outdoor patient, opponent No.3 immediately observed swelling and ascites and advised him Ultra sonography of abdomen and daily Abdominal Girth chart. Accordingly on 19/02/2004 patient got sonography performed which indicated cirrhosis with ascites and therefore, he was admitted on 20/02/2004 for further treatment. They denied that due to effect of injections, liver had decomposed. They have denied that the injection kills cells of liver because virus Hepatitis B is situated inside the liver cells. They denied that after every injection given to the patient, liver had decomposed as alleged by the complainant.
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They pleaded that patient was informed that in the normal course treatment with pegylated interferon alpha 2a injections is for 48 weekly injections. On 20/02/2004 patient was hospitalized with ascites indicating decompensation of cirrhosis. Looking to the condition of the patient, patient was referred to Dr.Samir Shah of Jaslok Hospital for his expert opinion. Dr.Shah opined that "patient has been given Peg INF monotherapy for six months despite which he had not seroconverted and HBV DNA was still positive". Dr.Shah opined that the injection given to the complainant was needed. On 09/03/2004 patient was discharged. Opponents denied that opponent No.3 took one week to approve the medicines recommended by Dr.Shah. Opponents pleaded that after 09/03/2004 patient came to J.J. Hospital only on 26/08/2004. Opponents denied that patient was admitted on 26/08/2004 in unconscious condition and he regained conscious on that night and the patient was discharged on 28/08/2004. Opponents denied that Dr.Geeta Billa of Bombay Hospital told the complainant that, "the injection not only kills the virus but also kills the liver cells". They asserted that Dr.Geeta Billa being qualified medical practitioner would not give such absurd and unscientific opinion. They pleaded that there was no negligence on their part and there is no cause of action for giving any...
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