KALYANI RAJAN Vs. INDRAPRASTHA APOLLO HOSPITAL

JUDGEMENT

(1.) The present appeal is directed against the order passed by the National Consumer Disputes Redressal Commission(for short, 'the Commission') dtd. 3/8/2010 whereby the complaint filed by the appellant and proforma respondent No. 3 under Sec. 2 (c)(iii) of the Consumer Protection Act, 1986(for short, 'the Act') was rejected.

(2.) The complainant-appellant is the wife of the deceased patient namely, Sankar Rajan(for short, 'the deceased') who was 37 years old and died on 6/11/1998 in the hospital-respondent no. 1 herein while undergoing follow up care and treatment after a major neurosurgery in the care of respondent nos. 1 and 2. The deceased was under the employment of proforma respondent no. 3 and was earning handsome annual package at the time of his demise.

(3.) The deceased was suffering from Chiari Malformations (Type II) with Hydrocephalous. The deceased consulted Dr. Ravi Bhatia - respondent no. 2, Senior Consultant, Department of Neurosurgery of respondent no. 1-hospital on 21/10/1998, who advised him to get admitted to respondent no. 1-hospital where the surgery would be performed by him. As per the advice of respondent no. 2, the deceased got himself admitted to respondent no. 1 on 29/10/1998. After performing preoperative medical examinations, respondent no. 2 conducted the operation of the deceased. The deceased was thereafter shifted to private room at about 04.15 p.m and at about 04.30 p.m, the doctors visiting the deceased were informed about pain in the neck region, which seemed to have transferred downward lower than the region where pain used to occur prior to operation. At about 06.30 p.m. the deceased was given pain reliever intravenously, but the pain increased along with severe sweat spells. At about 09.15 p.m, the deceased started suffering from severe unbearable pain. The complainantappellant called respondent no. 2 at his residential phone but he was not available. At about 09.30 p.m. another pain killer was intravenously given. At about 11.00 p.m. complainantappellant talked to respondent no. 2 at his residence. The deceased had suffered heart attack around 11.00 p.m. The deceased was declared brain dead on 31/10/1998. He was kept on life support till his death on 6/11/1998.