SEVANTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AN unfortunate lady underwent an operation of laparoscopic which has resulted in serious malady is in appeal. Her suit for claiming damages for medical negligence has been dismissed by the trial court on the ground that she is unable to attribute the required degree of negligence to defendant No. 4, namely, the doctor who performed the operation.

(2.) FACTS that are necessary to appreciate the controversy in question can be stated briefly as under: during the course of the judgment the appellant would be referred to as the plaintiff and the respondents as the defendants.

(3.) THE plaintiff was married in the year 1981. Her husband is a tailor by profession. She has two daughters and a son. After she delivered the last issue, i. e. , the daughter, she was advised to undergo laparoscopic sterilization by Medical Officer incharge of the Primary Health Centre at Uchagaon. Since there was paucity of facilities for performing the laparoscopic sterilization operation in the Primary Health Centre at uchagaon, she was directed to go to Dr. Kodakini's Hospital at Belgauin for undergoing the said operation. On 30. 10. 1985 the plaintiff was subjected to laparoscopic sterilization in the said hospital. The laparoscopic procedure was performed by the defendant No. 4 who was working in the said hospital with the assistance of some other persons. The said operation was done under anaesthesia and the plaintiff was unconscious for about 4-5 hours due to lack of proper care on the part of defendant no. 4 and the staff who assisted him in the said procedure. The said procedure was not done with the required due care and caution as is expected of a qualified doctor. Plaintiff was discharged from the said hospital on the same day after the operation, i. e. , 30. 10. 1985. But, however, a couple of days later she started experiencing severe pain in stomach and she took immediate treatment from one Dr. Prakash Patil at primary Health Centre at Uchagaon. In addition to the abdominal pain she started getting fever. Since the pain did not subside even after prolonged treatment she had no option but to approach the District Hospital at Belgaum for further check-up and treatment. In the month of December 1985 plaintiff was examined by one Dr. B. R. Desai in the Civil Hospital at Belgaum. As her pain could not be rectified by the medical treatment, namely, by oral medicine, she was directed to undergo operation on 1. 1. 1986 which is the second of the operation after the sterilization for removal of granule due to septic condition. The said operation was conducted by one Dr. M. K. Swarny and others of the Civil Hospital, belgaum. The doctors at the Civil Hospital were of the opinion that this operation, namely, the second operation was necessitated due to negligent act of the doctors during laparoscopic sterilization operation conducted on 30. 10. 1985. The said granule was removed and sent to the J. N. M. C. Department of Pathology for doing further investigation. Dr. M. K. Swamy who conducted the said operation had reported to the Resident Medical Officer that it was a case of complication due to the laparoscopic sterilization and another operation was required to set right the said operation. He obtained necessary clearance from his superiors and the plaintiff was subjected to another operation (the third operation) on 22. 1. 1986 as she had not been relieved of pain and fever after the operation conducted on 1. 1. 1986. After the third operation she was shifted to female surgical ward and was treated by one Dr. S. B. Annushetru, pw2, on 31. 1. 1986. On 2. 2. 1986 plaintiff was subjected to another operation (fourth operation) of colostomy by Dr. Wagarale and it was treated as a medico-legal case and it should be referred to the police and accordingly a report was sent at 11. 55 p. m. on the same day. She was, however, discharged from the said hospital after prolonged treatment. Notwithstanding these operations, the agony of the plaintiff still continued. She started getting high fever, vomiting and there was infection of the urinary track and had to remain therein up to 13. 5. 1986 for further treatment. After discharge she was readmitted on 4. 7. 1986 and on 10. 7. 1986 she was once again operated for vasicocolonic fistula and was discharged on 25. 7. 1986. This was the fifth operation. But she was once again readmitted on 14. 10. 1986, with a couple of more complications and had to undergo another operation on 25. 10. 1986 at the hands of dr. S. B. Annushetru, PW 2 and others for closure of colostomy. In spite of series of these operations, plaintiff was not cured and was not relieved of the ailment and she has become virtually a vegetable and permanently sick lady. It is her case that the repeated operations were the result of careless and negligent attendance of the defendant No. 4 during the laparoscopic sterilization operation on 30. 10. 1985. She would further say that she had to spend huge sums during her treatment in the Civil hospital. Even though the treatment in the said hospital is expected to be free as it was owned by State, she has become invalid and has suffered permanent disability due to which she has been deprived of family comfort and love. She was unable to enjoy the normal marital life and any kind of damages would not certainly restore her original health. In the circumstances, she laid a claim for Rs. 2,25,000 by way of damages for the said bodily discomfort, pain and suffering and permanent disability which she has suffered. The said suit was instituted as an indigent person as she was unable to pay the required court-fee.