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PRACTICAL No.3
Date: 07.08.2015
Venue: Permanent Lok Adalat, ADR Centre, Ernakulam Legal Service Authority, District Court Complex, Kochi‐682 017.
Case Attended: O.P. No. 92/2013
Petitioner: Mahadevan, Aged 5 years, represented by his father (Counsel: Adv. Maya Krishnan)
Respondents: Sree Chitra Tirunal Institute for Medical Science and Technology, Thiruvananthapuram, Represented by its Medical Superintendent and 6 others. (Counsel: Adv.T.R. Ravi and Adv.P.G.Ganappan)
Heard and decided by: Sri.D.Pappachan, Chairman Sri.Johns Darrel, Member
The petition was filed under Section 22 C (1) r/w s. 22 A (b) (v) of the Legal Services Authorities Act, 1987. Authority conducted statutory conciliation u/s 22 C (4) of the LSA Act exploring the possibility of an amicable settlement of the dispute. But no settlement could be arrived at. The case was therefore taken up for decision on merit as required u/s 22 C (8) of the LSA Act. The O.P. came up for hearing on 7.8.2015, and concluded on the same say. Later, the Adalat on 20.8.2015 delivered the award.
Issues Involved: Medical negligence and deficiency in the hospital service.Relief Sought: Compensation of Rs.23 lakh.
Gist of the case: The petitioner was admitted to the 1st respondent hospital for heart ailment on 14.10.2011 and conducted surgery on 17.10.2011. The petitioner alleged that during the heart operation, Oxygen supply to the brain was somehow discontinued for over a period of 3 minutes. He was discharged from the hospital on 19.3.2012. The petitioner became disabled in such a way that he is unable to move or speak, apart from that its eye sight is also affected. According to the petitioner, all these happened due to brain damage and that he would never have suffered such serious disabilities, but for the negligence and want of care of the doctors and Para‐medical staff of the 1st respondent hospital. The petition claims a compensation of Rs.23 lakh.
The points for determination:
1. Whether any medical negligence or want of proper care on the part of respondents in the treatment given to the petitioner at the respondent hospital is proved to the satisfaction of the Authority?
2. Whether the petitioner is entitled to claim any compensation from the respondents and if so the quantum?
Points put forward by the Applicant:
The points put forward by the father of the applicant:
According to him, when the child was born on 29.7.2008, he was not suffering from any defect or disability, but when the child was aged 3 years, he was found suffering from heart diseases and therefore, he was admitted to the 1st respondent hospital on 14.10.2011. He said that the 3rd respondent doctor, who conducted surgery on the child on 17.10.2011, told him that the operation was successful. However, the child did not regain consciousness. C.T. scan done on the child revealed bubbles in the brain. It is the further stated that gangrene developed in the index finger and at the anus of the child, upon which the index finger was surgically removed. He was told by the doctors concerned that during the heart operation of the child, Oxygen supply to the brain was somehow discontinued for over a period of 3 minutes and hence the child would never be normal. Later, the child was discharged from the hospital on 19.3.2012. Now the child is disabled in such a way that he is unable to move or speak, apart from that its eye sight is also affected. According to the petitioner, all these happened due to brain damage of the child and that he would never have suffered such serious disabilities, but for the negligence and want of care of the doctors and Para‐medical staff of the respondent hospital, who are arrayed as respondents. He therefore, claimed a compensation of Rs.23 lakh.
Points put forward by the Defendants:
Respondents 2 to 6 are employees of the first respondent hospital. The respondents 1 to 6 were represented by Adv.T.R. Ravi who was present and put forward the defence arguments. The counsel for the seventh respondent, the insurance company, was not present. However a written statement was filed by him.
The points put forward by the respondents are;
The child was brought to the hospital with Ventricular Septal Defect (VSD) and severe pulmonary hypertension (increased pressure in lung artery). The child has been diagnosed to have heart disease at the age of nine months and the child had 8 episodes of pneumonia before coming to the Institute. The petitioner was referred for surgical closure of VSD to the CVTS Department on 18.8.2011. It was submitted that due to large number of patients waiting for surgery, the average waiting period for a patient was about 2 to 3 years. Since the child was on the verge of incurability, he was accommodated against cancellation in the surgical list within two months of registration. The respondents further explained the whole procedure followed in the treatment and also the safe guards adopted by them in each step of it.
It was also submitted that the entire treatment at the Institute was provided free of cost and as a matter of fact several of the staff members of the Institute had supported the
family psychologically and financially during their prolonged stay, out of compassion. It was also submitted that the petitioner was a sick child with a congenital heart ailment, whose treatment was delayed due to late reporting, but underwent prompt and successful surgical treatment, out of turn, on humanitarian grounds. Unfortunately, he developed a rare, but well known and identified complication of cardiopulmonary bypass, which resulted in neurological damage. It was submitted that the reasons attributed in the petitioner for the neurological damage are not true. There has been no occasion of any negligence from the part of the respondents in affording the treatment to the petitioner. It was further submitted that the Institute is having all the facilities for ensuring and monitoring that no mishaps as suggested in the petition occur. There can be no situation of the oxygen supply being cut off for 3 minutes of more as stated in the petition. All such equipments are attached to alarms set to activate the moment the oxygen supply is cut off. It was submitted that the original petition is presented on the basis of mere surmises and the reasons stated in the petition for the present condition of the child are not factually true.
Award:
The award was decided after careful and detailed study of the records submitted by the respondents. Also it depended much on the report submitted by an expert doctor to the State Human Rights Commission on a complaint filed by the petitioner before the commission.
The bench found that the evidence on record falls far short of holding that medical negligence or want of proper care on the part of treating doctors and paramedical staff of the hospital contributed to the deteriorated health condition of the child. It could not see any acceptable evidence in the case to find that the petitioner’s child did not receive proper treatment from the 1st respondent hospital in accordance with the standard protocol. The point raised was therefore, answered in favour of respondents. In view of the above findings the bench held that the petitioner is not entitled to claim any compensation from respondents.