Improper administration of Injection by Nurse and dealy in remdial steps by Doctors, made the Hospital Liable for compensation.

Case Details : SHODA DEVI V/s. Deen Dayal Hospital, Shimla & ors.    F.A. No.348/2009.

	Decided by : HON'BLE MR. DR. B.C. GUPTA,PRESIDING MEMBER &
	HON'BLE MR. DR. S.M. KANTIKAR,MEMBER

Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F348%2F2009&dtofhearing=2018-02-23

Facts in short :

1. Smt. Shoda Devi i.e. the patient with some menstrual problems was diagnosed as having fibroid and endometrial hyperplasia. She was advised to undergo minor operation i.e. Fractional curettage (D&C). Accordingly it was performed by one of the Opponent. 

2. It was alleged that her operation was performed without anesthesia and Phenargan and Fortwin injections were given in her right forearm  by the untrained staff nurse. the nurse was also made party opponent. It was alleged that during entire operation she was complaining of heavy pain in her right arm as well as during D&C. 

3. It was further alleged that doctors attended to her after considerable delay (after 2 hrs.) and thereafter, referred her to Indira Gandhi Medical College & Hospital, Shimla (IGMCH); where amputation of her right forearm above elbow was performed. 

4. Thus as she suffered 100% disability, she filed a consumer complaint in Himachal Pradesh state consumer Forum and claimed Rs.37,80,000/-. She also filed FIR against Doctor and Hospital.

5. The State Commission did not find either medical negligence or deficiency in service on the part of the Doctors and Hospital and dismissed the complaint. However, as per the directions vide Government Order dated 16-09-2008, an ex gratia amount of Rs.2,93,526/- was allowed to be paid to the complainant. 

Being aggrieved by the impugned order, the complainant filed this appeal for enhancement of the compensation.

Defense :

1. The opponents refuted the claim. It was contended that as the services were provided free of cost to the Complainant, she doesn't become a consumer and hence the case is not maintainable. 

2. It was contended that the nurse who administered the injection was an experienced nurse and she did her job well. The D&C procedure was completed in 5 minutes in minor O.T. and the patient was fine and then she was shifted to gynec ward. 

3. However when the patient's relative complained about the severe pain suffered by the Complainant, As, there were no clinical signs or changes in color of the patient’s right arm she was given pain killer injections. After about 1 hr, when it was found that it was the beginning of ischemic process as it revealed feeble Radial pulse and her right forearm was pale. then she was referred to higher center immediately. 

Held ;

1. The appeal was allowed by the commission. After perusing the record and evidence , it was found that there was considerable delay in referring the patient to higher center. The patient was not provided ambulance, despite the fact that it was heavily raining outside. The Hospital should have arranged for ambulance from elsewhere.

2. It was revealed from the evidence of doctors at Higher Center as well as from medical record that the patient was not carefully attended at the first instance at 02:00 P.M. when she had suffered severe pain in her right hand & the delay in examination of the patient had aggravated the ischemic process. The principle of ‘Res Ipsa Loquitor’, is squarely applicable to the case. 

3. The Commission did not hold the opponents liable for not using IV Cannula as the medicine was to be administered at once only during the procedure. However it was further observed that use of IV canula would be helpful to the patient to avoid such mishaps.

4. The Commission held the DDU Hospital vicariously liable for the negligence of its employees and increased the compensation to Rs.2 lakhs and further permitted the DDU Hospital to recover the same from its employees as per its rules.

Routinely IV canula is used to administer multiple IV infusions and thus care is required to be taken. this case throws light on the employing proper nursing staff in hospital. Thier error may land the hospital in trouble as it happened in instant case. The poor lady's hand had to be amputated. Whether free of cost treatment comes within the purview of CP or not is a Technical matter and that is not an excuse for giving proper treatment. 

Thanks and regards

Adv. Rohit Erande.

Pune.©