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A memorandum of appeal filed in the National Consumer Disputes Redressal Commission, New Delhi, in the case of Dr. Kareem vs. Mrs. Jamuna Devi & Ors. The appellant, a Unani physician, is being accused of negligence leading to the amputation of the complainant's fingers and toes. the statement of jurisdiction, statement of facts, statement of issues, and prayer for relief. Relevant statutes, books, websites, and cases are cited.
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Consumer Protection Act , 1986 Medical Council Act, 1956, The Drugs and Cosmetics Act, 1940 The Drugs and Cosmetics Rules, 1945, the Indian Medicine Central Council Act, 1970,
R. K. Bangia, Law of Torts, Published by Allahabad Law Agency, 21st^ Edition, 2008. Avtar Singh, Laws of Consumer Protection, Published by Eastern Book Company, Fourth Edition, 2005
www.manupatra.com www.indiakanoon.com www.westlaw.com www.indianrealtylaw.com
For the sake of brevity and the convenience of this Hon’ble Commission, the counsels have summarized the facts briefly in a chronological order:
1. That the brief facts giving rise to the present appeal are that the Complainant no 1 and 2 (here is referred as respondent no 1 and 2 ) filed a complaint no. 314/2008 stating there in that mother of Respondent no .1 and grandmother of respondent no 2. Mrs. Jamuna devi her age about 70 years old .She was suffering from fever (Judi Bukhar ). On 21 January 2011 complainant no 1 and 2 (Smt. Jamuna Devi ‘s son and grandson took her to Dr. Kareem Khan for treatment of her .The Dr. Khan , a Unani physician Holding the degree of "Fazile- Tibb-O-Jarahat (B.U.M.S) awarded by the Kanpur University, Kanpur, administered some injections and prescribed some allopathic (referred to in the complaint as "English type") medicines for her, without first advising or requiring her to undergo any prior pathological (or other diagnostic) tests. 2. Though she continued with this line of treatment for the next few days by visiting the clinic ("Dawakhana") of Dr. Khan. But her condition did not improve and on 25.1.2001 her condition deteriorated particularly. 3. Despite requests to Dr. Khan, he did not go to see the patient at her house ( Mrs. Jamuna Devi ) and only gave some tablets. She had to be then taken to the SWAI Man Singh Medical College and Hospital (hereafter referred to as 'SMS').Jaipur, where she was treated as an indoor patient from 26.1.2001. That she was treated as a indoor patient as SMS First in the department of Medicine , during 26.1.2008-3.2.2008 and then the department of Surgery during 7.2.2008 to 17.2.. 4. That on Discharge from the SMS on 17.2.2008 Mrs. Jamuna Devi went home with a recommended line of treatment (medication). However, as her condition did not improve, she was finally taken to the Kabei Mai Memorial , Hospital , Jaipur and admitted there on 3.3.2008. It was here that she underwent amputation of all the phalanges (fingers and toes) of both hands and both feet on 15.3.2008 and 29.3.2008 and was finally discharged on 26.4.2008. That during treatment by the Dr. Kareem Khan to Mrs. Jamuna Devi her condition did not improve and doctor did not go to see her at house and only gave some tablets .In that
reason the mother of Complainant No. 1 and grandmother of Complainant No 2 was taken to SMS hospital where her condition was not improve.
advised to complainant that the condition of your mother and grandmother very serious her condition was deteriorated due to negligence treatment given by Dr. kareem because he administered some injections and prescribed some allopathic medicines for her, without first advising or requiring her to undergo any prior pathological (or other diagnostic) tests. In this reason she underwent amputation of all the phalanges (fingers and toes) of both hands and both feet on 15.3.2008 and 29.3.2008 and was finally discharged on 26.4.2008. That the complainant no 1 & 2 (Respondents ) have sought to make out the case for medical negligence and consequent compensation of Rs. 20,00,000/-
(1) Whether dry gangrene cause due to medicine prescribes by Dr. Kareem? A search of the web-based medical literature 2 shows the following: Gangrene is a medical term used to describe the death of an area of the body. It develops when the blood supply is cut off to the affected part as a result of various processes, such as infection, vascular (pertaining to blood vessels) disease, or trauma. Gangrene can involve any part of the body; the most common sites include the toes, fingers, feet, and hands. Dry gangrene is caused by a reduction of blood flow through the arteries. It appears gradually and progresses slowly. In most people, the affected part does not become infected. In this type of gangrene, the tissue becomes cold and black, begins to dry, and eventually sloughs off. Dry gangrene is commonly seen in people with blockage of arteries (arteriosclerosis) resulting from increased cholesterol levels, diabetes, cigarette smoking, and genetic and other fectors. (c) "Vasculitis", on the other hand, is described on the well-known Mayo Clinic website^3 as follows: Vasculitis is an inflammation of your blood vessels. Also called angiitis, vasculitis causes changes in the walls of your blood vessels, including thickening, weakening, narrowing and scarring. Inflammation can be short-term (acute) or long-term (chronic) and can be so severe that the tissues and organs supplied by the affected vessels don't get enough blood. The shortage of blood can result in organ and tissue damage, even death. There are many types of vasculitis and, although rare, vasculitis can affect anyone. Some age groups are affected more than others, depending on the type of vasculitis. Some forms of vasculitis improve on their own, but others require treatment-often including taking medications for an extended period of time. (^2) www.emedicinehealth.com (^3) www.mayoclinic.com
The signs and symptoms of vasculitis vary depending on which blood vessels and, as a result, which organ systems are affected. However, general signs and symptoms that most people with vasculitis experience include Fever, Fatigue, Weight loss, Muscle and joint pain, Loss of appetite, Nerve problems, such as numbness or weakness. Each type of vasculitis can also cause specific signs and symptoms, such as: Buerger's disease. Also called thromboangiitis obliterans, this condition causes inflammation and clots in the blood vessels in your extremities. Signs and symptoms can include pain in your hands, arms, feet and legs, and ulcers on your fingers and toes. This disorder is strongly associated with cigarette smoking. (d) As noticed, the discharge ticket referred to at (a) above mentions "ANA awaited". "ANA" here clearly refers to the "antinuclear antibody" blood test. This test is described on the Mayo Clinic website as: An antinuclear antibody (ANA) test is often useful in the evaluation of connective tissue diseases, such as lupus. This blood test detects the presence of certain antibodies made by your immune system. People with lupus typically test positive for antinuclear antibodies. However, a positive ANA blood test doesn't necessarily mean you have lupus. Other conditions may cause a positive antinuclear antibody test, including: Scleroderma, Rheumatoid arthritis, Sjogren's syndrome, Hashimoto's thyroiditis, Autoimmune hepatitis. Some viral infections, Type 1 diabetes, Addison's disease. In addition, certain medications, may cause a positive antinuclear antibody test. These include: Methyldopa (Aldomet), Tumo necrosis factor (TNF) blockers, such as etanercept (Enbrel) and infliximab (Remicade). If you have a positive antinuclear antibody test, further testing is needed to establish a specific diagnosis. Additional tests to diagnose lupus may include blood counts, kidney and liver assessments, urinalysis, chest X-ray, electrocardiogram (ECG), erythrocyte sedimentation rate test, and other antibody tests that are more specific for lupus. Dr. Mukhtiar Chand and Ors. v. State of Punjab and Ors.^4 reported in, a Constitutional Bench of the Hon'ble Supreme Court has clearly upheld that the notification issued by (^4) MANU/SC/0646/1998 : (1998) 7 SCC 579
Wherefore, in the light of facts presented, issues raised, arguments advanced and authorities cited, the counsels for the appellant humbly pray before this Hon’ble Commission that it may be pleased to adjudge and declare that or pass any other order the Hon’ble court may deem fit in the interest of justice, equity and good conscience. (i). To quashed and set aside the order dated 20.12. Passed by Learned State commission circuit Bench At , Jaipur (ii). Or any other appropriate relief may kindly be granted to the Appellant – complainant , which this Hon’ble National may deem fit and proper in the facts and Circumstances of the case. (iii). Cost of the litigation may kindly be awarded to the appellant. AND FOR THIS ACT KINDNESS OF YOUR HONOUR THE PLAINTIFF SHALL AS DUTY BOUND EVER PRAY. All of which is respectfully submitted on behalf of Appellant. Counsels for Appellant Place: National Commission, New Delhi
