21st October, 2013
DMC/DC/F.14/Comp.865/2/2013/
ORDER
The Delhi Medial Council through its Disciplinary Committee examined a complaint of Shri
Shujat Khan, S/o, late Sh. Ustad Ahmed Hussain Khan, r/o, 12/160, Malviya Nagar, Jaipur302017, Rajasthan (referred hereinafter as the complainant), alleging medical negligence on
the part of doctors of Lok Nayak Hopsital, in the treatment administered to the complainant’s
father late Ustad Ahmed Hussain Khan (referred hereinafter as the patient) at Lok Nayak
Hospital, New Delhi-110002 (referred hereinafter as the said Hospital), resulting in his death
on 13.2.2010.
The Order of the Disciplinary Committee dated 27th August, 2013 is reproduced hereinbelow :“The Disciplinary Committee of the Delhi Medial Council examined a
complaint of Shri Shujat Khan, S/o, late Sh. Ustad Ahmed Hussain Khan,
r/o,
12/160,
Malviya
Nagar,
Jaipur-302017,
Rajasthan
(referred
hereinafter as the complainant), alleging medical negligence on the part of
doctors of Lok Nayak Hopsital, in the treatment administered to the
complainant’s father late Ustad Ahmed Hussain Khan (referred hereinafter
as the patient) at Lok Nayak Hospital, New Delhi-110002 (referred
hereinafter as the said Hospital), resulting in his death on 13.2.2010.
The Disciplinary Committee perused the complaint, written statement of
Dr. Manju Mehra, Additional Medical Superintendent, Lok Nayak Hospital
enclosing
therewith
written
statement
of
Dr.
Richa
Dewan,
Director/Professor & Head, Department of Medicine, Lok Nayak Hospital,
copy of medical records of Lok Nayak Hospital and other documents on
record.
The following were heard in person : 1)
Dr. Sandeep Garg
Associate Professor, Department of
Medicine, Lok Nayak Hospital
2) Dr. Manju Mehra
Additional Medical Superintendent,
Lok Nayak Hospital
Contd/:
(2)
The complainant Shri Shujat Khan failed to appear before the Disciplinary
Committee inspite of notice.
It is alleged by the complainant that the patient was suffering from acute
viral hepatitis pulminate hepatic failure ARF and he was admitted on 8th
February, 2010 in the said Hospital under treatment by Dr. Rajiv Kohli,
M.D. (MCD), Chief Medical Officer M.C.I.C dialysis unit Lok Nayak Hospital
and Dr. Arun Singh, but they had wrongfully treated the patient, due to
which, the patient had died on 13th February, 2010.
Dr. Richa Dewan, Director Professor and Head, Department of Medicine,
Lok Nayak Hospital in her written statement averred that the patient was
admitted in medicine emergency on 8th February, 2010 and the patient
expired on 13th February, 2010, in ward 31.
She wish to state a brief
overview as a statement of defence depicting that there was no
negligence in management of the patient, was admitted on 8th February,
2010
with
a
diagnosis
of
“Acute
Viral
Hepatitis
with
hepatic
encephalopathy grade 2” but inspite of best treatment, the patient died
on day six after admission due to complications of fulminate hepatic
failure like coagulopathy, renal failure and encephalopathy.
The
complainant has not specified in the original complaint as to what
wrongful treatment was given. As per the records of this particular case,
the diagnosis on admission as per emergency case sheet is written as
Acute Viral Hepatitis with Hepatic Encephalopathy grade 2, this is an
illness which can cause high mortality if the patient develops fulminant
hepatic
failure
alongwith
other
complications
like
coagulpathy,
encephalopathy and renal failure. This is what actually happened in this
case.
The patient received full treatment for fulminant hepatic failure;
the same can be confirmed from the records submitted.
The patient’s
relatives were informed about the prognosis. On 9th February, 2010, the
patient’s family wanted to take the patient as Left Against Medical Advice
(LAMA), but they were counseled regarding condition of the patient and
Contd/:
(3)
the treatment being given.
The family decided not to go LAMA. On 10th
February, 2010, the family of patient started hampering the treatment to
such an extent that the complainant even wrote down on the case sheet
that Ryles tube (naso-gastric tube) may not be used for treatment of the
patient.
Inspite of such adverse family and social response to the
treatment, the institution continued its best efforts for the next three days
to treat and save the patient, the final result was, however, unfortunate.
At no stage any wrongful treatment was given to the patient.
No
autopsy/post-mortem was done as the patient was not medico legal case.
In view of the above, the Disciplinary Committee holds that the patient,
who
was
diagnosed
case
of
Acute
Viral
Hepatitis
with
hepatic
encephalopathy grade II, was treated as per accepted professional
practices in such cases by doctors of Lok Nayak Hospital.
The patient
died due to the known complications associated with his disease, which
has grave prognosis and high mortality.
In light of the observations made herein-above, it is the decision of the
Disciplinary Committee that no medical negligence can be attributed on
the part of doctors of Lok Nayak Hopsital, in the treatment administered
to the complainant’s father late Ustad Ahmed Hussain Khan at Lok Nayak
Hospital.
Complaint stands disposed. “
Sd/:
(Dr. O.P. Kalra)
Chairman,
Disciplinary Committee
Sd/:
Sd/:
(Dr. Anil Agarwal)
(Mrs. Avnish Ahlawat)
Delhi Medical Association, Legal Expert,
Member,
Member,
Disciplinary Committee Disciplinary Committee
Sd/:
(Dr. Atul Goel)
Expert Member
Disciplinary Committee
Contd/:
(4)
The Order of the Disciplinary Committee dated 27th August, 2013 was confirmed by the
Delhi Medical Council in its meeting held on 9th October, 2013.
By the Order & in the name of
Delhi Medical Council
(Dr. Girish Tyagi)
Secretary
Copy to : 1)
Shri Shujat Khan, s/o, late Sh. Ustad Ahmed Hussain Khan, 12/160, Malviya Nagar,
Jaipur-302017, Rajasthan.
2)
Medical Superintendent, Lok Nayak Hospital, New Delhi-110002.
(Dr. Girish Tyagi)
Secretary