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Medical treatment
Negligence and deficiency in service medical service causing death

Consumer complaint

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT BULANDSHAR U.P.

UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Yogesh Kumar R/o Manikpur, Via Utarawali, Distt. Bulamdshahar U.P.) COMPLAINANT

VERSUS

(Dr Kapil Rastogi, Bulandshahar Pin 203001 U.P) OPPOSITE PARTY

INTRODUCTION:

Yogesh Kumar R/o Manikpur, Via Utarawali, Distt. Bulamdshahar U.P.and occupation agriculture.

Dr Kapil Rastogi, Bulandshahar Pin 203001 U.P and occupation medical practice; running his own nursing home.

RESPECTFULLY SHOWETH:

1. That the patient named Anita Devi Age 26 years W/o Shri Yogesh Kumar was pregnant for3.5 months.

2. That the patient was complained sever pain in stomach alongwith bleeding at on 23.09.08 at 11.30 PM.

3. That the patient was admitted to Dr Kapil Rastogi’s Nursing home on 23.10.08 at 2.30 AM

4. That an ultrasound test was done for abdominal check up on 24.09.08 at 7 AM at Tewatiya Ultrasound Bulandshahar.

5. That the blood test was done and the result of the blood test is as follows;

a) Haemoglobin : 8.6 % (normal range 11.5 to 16.5)

b) Sr Creatinine : 1.4 % (normal range 0.8 to 1.2)

c) Platelates counts : 74 thousands /UL (normal range 150 to 450)

d) Dengu IgG and IgM: Negative

e) Malariya Parasite: Negative

6. That the doctor operated the patient (duration 8.30 AM to 10.30 AM) and the foetus was removed as per doctor’s recommendation.

7. That the Doctor asked one unit of blood which I arranged from my friend. The blood was given to Patient and no abnormal condition was observed. Patients’ blood was tested and it was observed that Platelets counts has increase from 74 to 87 thousands /UL indicating positive response.

8. That the Doctor felt the requirement of one more unit blood which he arranged from Nidan Blood bank Bulandshara.2nd unit of this blood was given to patient at about 12 Noon without physically cross checking by mixing the blood. The body of the patient became red. After donating 1/3 of 2nd unit of blood, it was stopped. At about 4 PM the doctor asked to take the patient to Gangaram Hospital Delhi. The patient was released from hospital at 4.15 PM on 23.09.08 without any summary report of discharge. We have requested the doctor to give a summary report of the treatment so that further treatment in Gangaram Hospital Delhi can be done. Doctor has refused to given the same to us.

9. That the patient was brought to Gangaram Hospital Delhi and admitted in emergency ward at about 7:30 PM. The doctor started treatment but delayed due to non availability of previous record.

10. That about 10:15 PM the patient was declared dead due to DIC Post Cardio Respiratory arrest

11. That the patient was having two daughters aged 2 and 4 years.

Description of Gangaram Hospital Delhi Admission

Registration No: 31339

Date of admission to 24.09.08

Date of discharge dead body 24.09.08 at 10.15 PM

Cause of death DIC Post Cardio Respiratory arrest

Name of doctor attended Atul Agrawal

Analysis and summary

The doctor has done following irresponsible work which is part of his negligence and deficiency in medical service;

a) At low Hemoglobin and low Platelets counts the patient should not have been operated and Hemoglobin and Platelets level should be brought to at least min boundary of normal level.

b) Physical cross matching of the blood was not done to assertion blood clotting and any side effect during blood transfusion.

c) The doctor has not given discharge summary report which could have helped Gangaram Hospital Delhi for further quick remedial steps in treatment. This was done with a malafaied intention to destroy evidence of negligence in service.

d) The doctor has not given us Ultrasound report till toady though we have requested them for the same many times.

PRAYER:

I, Yogesh Kumar the complainant demands herein.

1) The dream of my wife was to make her both daughters doctor. Relief may be granted to my family particularly my daughters to peruse her study. Dr Kapil Rastogi may be instructed to pay my daughters INR 19.75 lakhs for their study and mental agony or as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.

2) That the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.

PLACE: Bulandshar Signature

DATED: NAME OF THE COMPLAINANT

VERIFICATION

I Yogesh Kumar, resident of Manikpur, Via Utarawali, Distt. Bulamdshahar U.P hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

Name & signature of the complainant


Company: Medical treatment

Country: India

Category: Miscellaneous

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