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[
-: Cases in Doctor’s Favour :- ] – [
-: Cases in Patient’s Favour :- ]

• Amir Ali Shakil v. St. John’s Medical
  College Hospital, Bangalore
  
  
  1996(1)
  CPJ 169: 1995 (3) CPR 174 (Karnataka SCDRC)
  
     
  
  The
  youngest son of the complainant met with an accident and was
  taken to St. John’s Medical College Hospital, Bangalore at
  about 6 PM was alleged that due to delay in providing treatment
  he died early next morning at 4 am. The State Commission held
  that the injured came to St. John’s Medical College Hospital
  by about 6.15 PM and he was taken into the operation theatre for
  necessary operation by about 7.40 PM. During this period of an
  hour and 25 minutes, IV fluid was given, blood grouping and
  cross matching was done, X-rays were taken, Neuro surgeon was
  consulted, 19 units of blood was arranged and then patient was
  prepared for the operation and the operation was performed.
  Reasonable delay in shifting the accident case to the operation
  theatre is not negligent delay and the complaint was dismissed.
  
     

• 
  Lekhraj v. Bharaj Nursing Home & Anr
  
  1998 (2) CPJ 335 (Punjab SCDRC)
  
     
  
  The
  complainant suffered injuries while going on a scooter at about
  5.30 p.m. on 11.7.1995. He was taken first to a Primary Health
  Centre and from there was referred to Civil Hospital. The
  patient reached Bharaj Nursing Home of the opposite party at
  about 8.30 p.m. on that very day. This would show that about
  three hours’ time had already elapsed when the opposite party
  examined the patient. Since the patient was in shock, blood
  pressure was unrecordable because of the two fractures – one on
  the arm and other on the leg – and there existed a big haematoma
  on account of injury to the vessel in the leg, treatment to
  stabilize the patient by administering fluids through
  intravenous route coupled with some medicines was required and
  given. Support to the leg was also provided. Since the patient
  was in shock it was not considered necessary to have X-ray
  immediately. Some time must have been taken for clinical
  examination of the patient and for providing aforesaid treatment
  as expressed by experts. It was necessary to allow the patient
  to come out of the shock. It is futile to argue as suggested by
  the counsel for the complainant that immediately at 8.30 p.m.
  doctor of the opposite party should have referred the patient to
  C.M.C. as the opposite parties could provide no treatment for
  the vessel injuries. There is fallacy in this argument. The
  attempt of every doctor initially would be to bring the patient
  out of shock and thereafter to decide about the nature of
  treatment to be given. Journey to Ludhiana from Hoshiarpur even
  by road would have taken about two hours. By that time obviously
  the maximum period of six hours as referred to in the books for
  providing treatment to the vessel injuries would have expired
  and the damage ultimately caused to the patient of amputation of
  the leg could not have been attributed to any act on the part of
  the opposite parties. In the context of negligent act on
  the part of the opposite parties, it was further argued that
  even in the morning at the time of referring the patient to
  C.M.C., Ludhiana the condition of the patient was still under
  shock. It had been explained that blood pressure at that time
  was recorded and before the time requisition for blood had
  already been made. It was also the part of the treatment. The
  amputation of leg was not on account of negligent act on the
  part of the doctor but in fact was on account of injuries
  suffered. The complainant had thus utterly failed to prove
  negligence of the opposite parties in the matte of providing
  treatment or in the matter of alleged delay in referring the
  patient to C.M.C., Ludhiana.
  
    
  
  In
  view of the fact that the complainant had failed to prove
  negligent act on the part of the opposite parties it was not
  considered necessary to decide to how much amount of
  compensation the complainant would have been entitled to.
  
    

• 
  P.S
  Govindarajan v General Manager , Integral Coach Factory & Ors
  
  
  1993(2) CPJ 1211 (TN SCDRC)
  
     
  
  The
  complainant’s wife suffered a massive heart attack and died soon after on that
  very day. The claim against the opposite parties was that they sent
  an  ambulance van without the Oxygen Cylinder and had she been put on the
  Oxygen while in this van she would have survived. The commission did not
  accept this contention, for within 10 minutes she had been taken to the
  hospital, where the best treatment was provided but in vain. The reason for
  non provision of oxygen cylinder in the ambulance was leaking cylinder due to
  which it had been sent for repairs, hence no negligence inferred.
  
     

• Amir
  Ali Shakir v St John’s Medical College Hospital ,Bangalore
  
  
  1996(1) CPJ 169 : 1995 (3) CPR 174 (Karnataka SCDRC)
  
     
  
  The
  youngest son of the complainant met with an accident and was taken to St
  John’s Medical College Hospital , Bangalore at about 6pm  was alleged
  that due to delay in providing treatment he died early next morning at 4 am.
  
    
  
  The
  State Commission held that the injured came to St John’s Medical College
  Hospital by about 6.15 pm and he was taken to the operatio theatre for
  necessary operation by about 7.40 pm. During this period of an hour and 25
  minutes, IV fluid was given blood grouping and cross matching was done, X
  rays were done, Neuro Surgeon was consulted, 19 units of blood was arranged
  and then the patient was prepared for the operation and the operation was
  performed. Reasonable delay in shifting the accident case to the operation
  theatre is not negligent delay and the complaint was dismissed.