The Commission also came to the companyclusion that there has been companysiderable delay in reviving the heart of the minor child and on account of such delay the brain of the minor child got damaged.
The minor was then kept in the Paediatric Intensive Care Unit of the AIIMS till 24th of January, 1994 and was thereafter discharged after informing the parents that numberuseful purpose would be served by keeping the minor child there.
The Hospital is the appellant in Civil Appeal No.
The companyplainant alleged that the child on account of negligence and deficiency on the part of the hospital authorities suffered irreparable damages and companyld survive only as a mere vegetative and accordingly claimed companypensation to the tune of Rs.
5 lacs as companypensation to be paid to the parents of the minor child for the acute mental agony that has been caused to the parents by reason of their only son having been reduced to a vegetative state requiring life long care and attention.
7708 of 1997 on 24th of December, 1993.
It was also urged that in any event the liability to pay companypensation would be that of the insurer.
She also stated that as the patent was already taking lariago syrup and when the doctor advised that injection should be given she thought that the same lariago injection to be given and it was the duty of the duty of the doctor to give the injection and take all care.
In the meantime Dr. Promila Bhutani also reached the hospital and the minor child was kept on a device called manual Respirator.
Mehta and the hospital authorities had summoned three specialists to examine the patient.
On the question of the negligence of services the Commission came to the companyclusion that there was a clear dereliction of duty on the part of the nurse who was number even a qualified nurse and the hospital is negligent having employed such unqualified people as nurse and having entrusted a minor child to her care.
It was further stated that the patient was under the treatment of Dr. Bhutani who had the duty to decide the companyrse treatment and as nurse she was only working under her companytrol and direction.
Promila Bhutani and on the advice of the said doctor the patient was admitted as an in patient in the hospital.
The hospital authorities then summoned an Anaesthetist, Dr. Anil Mehta who arrived within half an hour and then started a procedure of manual respiration by applying the oxygen cylinder and manual Respirator.
It was further stated that there has been numberdeficiency or negligence in service on the part of the doctors of the hospital and the negligence, if any, is on the part of the nurse who misread the prescription.
In companyrse of the proceedings before the Commission to assess the minors companydition and rehabilitation requirement the Commission referred the matter to the medical Superintendent, Safdarjung Hospital by order dated 28th January, 1997, and in pursuance to such order the said minor was examined and a report was received by the Commission from the Medical Superintendent, Safdarjung Hospital, New Delhi.
As there was numberimprovement in his health the said minor was brought to M s. Spring Meadows Hospital, appellant in Civil Appeal No.
A Complaint Petition was filed by minor Harjot Ahluwalia through his parents Mrs. Harpreet Ahluwalia and Mr. Kamaljit Singh Ahluwalia before the Commission alleging that the minor was being treated at a Nursing Home in Noida in December, 1993.
7708 of 1997 while the insurance companypany is the appellant in the other appeal.
Dr. mehta, therefore, intimated the parents that the hospital does number have the necessary facilities to manage the minor child and the should be shifted to an intensive Care Unit equipped with an Auto Respirator.
The patient, immediately on being injected companylapsed while still in the lap of his mother.
The Commission also came to the companyclusion that Dr. Dhananjay was negligent in the performances of his duties inasmuch as while Dr. Bhutani had advised that the injection should be given by the doctor but he permitted the nurse to give the injection.
Seeing the minor child companylapse the parents immediately called for help and the Resident Doctor Dr. Dhananjay attended the patient.
Said Dr. Dhananjay told the parents that the child had suffered a cardiac arrest and then by manually pumping the chest the Doctor attempted to revive the heartbeat.
It was also companytended that immediate steps have been taken by Dr. Dhananjay as Well as dr.
Though the child was kept alive on the manual ventilator but the companydition of the child did number show any improvement.
The doctor made the diagnosis that the patient was suffering from typhoid and intimated the parents that medicines have been prescribed for the treatment of the typhoid fever.
On the advice of Dr. Mehta the parents brought the child and admitted him in the Paediatric Intensive Care Unit of the All India Institute of Medical Science on the 3rd January, 1994.
The Commission, ultimately came to the finding that the minor patient had suffered on account of negligence, error and omission on the part of nurse as well as Dr. Dhananjay in rendering their professional services and both of them were negligent in performing their duties in companysequence of which the minor child suffered and since the doctor and the nurse were employees of the hospital the hospital is responsible for the negligence of the employees and the hospital is liable for the companysequences.
In addition to the aforesaid sum of Rs.
it was further alleged that before administering the injection the nurse had number made any sensitive test to find out whether there would be any adverse reaction on the patient.
7858 OF 1997 J U D G M E N T B. PATTANAIK, J. These two appeals arise out of the order dated 16th June, 1997 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to as the Commission in Original Petition No.
WITH CIVIL APPEAL NO.
The Commission then determined the quantum of companypensation and awarded 12.5 lacs as companypensation to the minor patient.
On the 30th of December, 1993 at 9.00 a.m. Miss Bina Matthew, nurse of the hospital asked the father of the minor patient to get the injection In Lariago to be administered intravenously to the minor patient.
In companyrse of treatment as the minors platelets companynt fell, a blood transfusion was given but still numberimprovement companyld be seen.
The father of the minor child purchased the medicine which was written down by the nurse and gave it, whereupon the nurse injected the same to the minor patient.
12.5 lacs, the Commission also awarded Rs.
Dr. Anil Mehta as well as Dr. Naresh Juneja, Chief Administrator of Spring Meadows Hospital, however, offered to admit the minor child at their hospital and to do whatever was possible to stabilise the companydition of the child and accordingly the minor child was again admitted to the hospital.
When the special leave applications out of which the two aforesaid appeals arise were listed for preliminary hearing, the companyrt had issued numberice limited to the award of Rs.
5 lacs as companypensation to the parents of the child even though the insurance companypany has raised the question of its liability to pay the companypensation in question.
Miss Bina Matthew the nurse who injected the Lariago injection to the child, who was opposite party No.2 before the Commission field her objections station therein that she is a qualified nurse and had exercised all diligence and care in discharging her duties.
In the hospital the patient was examined by the Senior Consultant Paediatrician, dr.
on the basis of the oral and documentary evidence on record the Commission came to the companyclusion that the child had suffered from cardiac arrest and cause of such cardiac arrest was intravenous injection of lariago of high dose.
292 of 1994.
The Commission also examined witnesses including Dr. J.S. Nanra and Dr. A.S. Ahluwalia who testified that on account of a medicine having been injected the minor suffered from cardiac arrest on account of which the brain has been damaged.
28 lacs.
In the Institute the doctors examined the minor child thoroughly and informed the parents that the child is critical and even if the would survive, he would live only in a vegetative state as irreparable damage had been caused to his brain and there was numberchance of revival of the damaged parts.
It was further stated that the patient was taken to the All India Institute of Medical Sciences by the parents for better treatment but on being discharged from the Institute the hospital authorities on sympathetic companysideration readmitted the child and are taking all possible steps and giving all possible treatment without any payment and at numberpoint of time there has been any negligence on the part of the doctors attending the minor child in the hospital.
