T T THOMAS Vs. ELISA

JUDGEMENT

(1.) Devaluation of standards in professional ethics is a dangerous trend. Its proliferation in medical profession is more calamitous than in other professional or occupational areas. "There can be few, if any, professions other than that of medicine about which it is possible to fashion a television series entitled 'Your Life in Their Hands' - (Mason and McCall Smith - Law and Medical Ethics). Failure to make a proper diagnosis sometimes may be the consequence of human error. But when diagnosis is correctly made, the imperative duty of the medical man to take adequate and prompt curative steps need not be overemphasised, for, any inertia on his side is at his risk as to all costs and consequences. If the allegations in this case are true, this would fall within the amplitude of the above proposition.

(2.) The facts: The second plaintiff's husband was admitted in the General Hospital, Ernakulam as an inpatient at about 3.30 P. M. on 11-3-1974 for complaints of severe abdominal pain. It was diagnosed as a case of acute appendicitis. Dr. T. T. Thomas, the appellant, who was one of the civil surgeons of the General Hospital during the relevant time, examined the patient and confirmed the diagnosis, pursuant to which the patient was removed from the Casualty Ward to the Surgical Ward. No surgery was performed on the patient on the day of his admission in the hospital. On the next day his condition deteriorated fast and surgery could not have been performed on him. He breathed his last by about 8.30 A. M. on 13-3-1974. His death was due to "perforated appendix". These are the broad facts over which there is no serious dispute between the parties.

(3.) The mother, the widow and the children of the deceased are the plaintiffs who filed this suit for damages, limiting their claim to half a lakh of rupees. The claim was made against the appellant as the person primarily liable for damages and against the State of Kerala as vicariously liable for the same.