LOUIE Vs. KANNOLIL PATHUMMA

JUDGEMENT

(1.) .This is an appeal against the Order dated 25th March. 1991 passed by the Kerala State Consumer Disputes Redressal Commission in Complaint Case No.27 of 1990 whereby the Commission accepted the complaint filed by the present Respondent No.l Smt. Kannolil Kunhi Pathumma (hereinafter referred to as the Complainant) and the present appellants, who were opposite parties in the complaint were directed to pay Rs. 2,27,000.00 as compensation and "Rs. 3,000.00 as costs within two months from the date of the Order. It was further ordered that in case of default, they were to suffer imprisonment for one year.

(2.) .The facts, according to the complainant, are that the second appellant. Dr. Cleatus (who was 1st opposite party in the complaint) is the proprietor of Josgiri Hospital and Nursing Home, Tellichery while the first appellant Dr. Sr. Louie (who was 2nd opposite party in the complaint) was employed as a doctor in the said Hospital. The Hospital has exhibited a name board in the Hospital with the concurrence and connivance of Dr. Sr. Louie on which against the name of the said doctor. M.D. (Gyn) was mentioned with the calculated object of creating an impression and misleading the patients that Dr. Sr. Louie possesed a post-graduate degree in Gynaecology. Being misguided by the said name board, the complainant admitted her eldest daughter Kannolil Aysha in the said Hospital on 11th December, 1989 for delivery with the hope that she would get expert attention and treatment from a qualified M.D.Gynaecologist. At about 10.30 A.M. on 14th December, 1989 Aysha was removed to the labour room. At about 3.00 P.M. Dr. Sr. Louie saw her and informed her relations that Aysha would deliver the baby shortly. The said Doctor then went to the OPD and started seeing patients. Meanwhile, Aysha started screaming in the labour room. Her cries for help were so unusual that her uncle Abdulla asked the attending nurse whether there was any complication but the nurse kept mum. Abdulla then asked the nurse to call Dr. Sr. Louis. The nurse informed him that Dr. celiaa, Anaesthesiologist was managing the labour. At about 4,20 P.M. Dr. Sr. Louie came to the labour room. After some time, Dr. Sr. Louie told the relatives that Aysha had delivered a male child but the condition of the baby was serious. She also told that Aysha was having severe bleeding and blood was required. Abdulla and Hameed (husband of Aysha) donated one pint of blood each and six bottles of blood were also purchased. In spite of all these the relatives were informed at 9.30 p.m. that Aysha was no more. Dr. Sr. Louie informed the relatives that the uterus of Aysha did not contract and they were unable to stop the bleeding and that was the cause for her death.

(3.) .It was further alleged that subsequent to the death of Aysha, an enquiry was made and the complainant came to know that Dr. Sr. Louie was not a Post-Graduate in Gynaecology as claimed by her and the Hospital. On the basis of this information, to save the life of child, the child was got discharged from the Hospital on 15th December, 1989 and removed to Indira Gandhi Memorial Cooperative Hospital. Tellichery where the child also expired on 18th December, 1989. On making further detailed enquiry complainant came to know that Dr. Sr. Louie was not a specialist in Gynaecology. She has only some basic degree in Gynaecology from West Germany. It was a deliberate and calculated attempt on the part of the present appellants, who have put up on the name board of the hospital against the make of the first appellant as M.D., Gyn. without mentioning Germany from where she got that degree which is a must as per the rules and directions from the Medical Council of India. On account of the misleading information given out by the present appellants, Aysha was got admitted in the hospital. Aysha's death was due to the mishandling of the case by Dr. Sr.Louie who was not properly qualified. The complainant made claim for Rs. 5 Lakhs as compensation against both the present appellants.