M K KESAVAN Vs. O K ABDUL RASHEED

JUDGEMENT

(1.) Appellants are the plaintiffs in O.S.No.48 of 1992 before the Court of Subordinate Judge, Payyannur. They filed a suit for damages for the alleged medical negligence on the part of the respondent.

(2.) Relevant pleadings are thus: Defendant/respondent is a pediatrician. He is running a clinic by name OKEY's clinic, Taliparamba. On 08.05.1989, the plaintiffs took their child Archana, aged four years, to his clinic on account of fever and related problems. After seeing the child, the defendant prescribed medicines. Since the child did not recover properly, she was again taken to the defendant's clinic on 12.05.1989. On that day, the child was admitted in the clinic. The defendant treated the child for pneumonia, which was correctly diagnosed by him. On 19.05.1989, the child was discharged stating that she was completely cured. The plaintiffs were asked to administer medicines to the child for five days more from home. Believing that the child was completely cured, the plaintiffs took her home and gave medicines as directed. Later, the condition of the child became worse. On 21.05.1989, the child was again taken to the defendant's clinic. At that time also, the defendant instructed the plaintiffs to continue the medicine. When the child's condition became precarious, she was taken to the defendant's clinic again on 22.05.1989, but they could not meet the defendant. On 25.05.1989, since the child was seriously ill, she was taken to Dr.Usman, who was examined at the trial as DW2. He, after examining the child, directed the plaintiffs to take her to a better hospital in Mangalore. By that time the health condition of the child was completely deteriorated. On the way to Mangalore, the child started omitting and therefore she was taken to a hospital at Kanhangad. Dr.Padmanabhan (PW3) examined her. Thereafter, she was taken to the Vijaya clinic, Mangalore on 27.05.1989. Evacuation of the chest fluid was done and immediately thereafter the child expired on the same day. It is the allegation in the plaint that the cause of death was medical negligence on the part of the defendant. Even though he had diagnosed the disease of the child, he failed to give proper treatment and discharged the patient without verifying as to what extent the patient had recovered.

(3.) The defendant/respondent filed a written statement admitting that the plaintiffs' child was brought to his clinic on 08.05.1989 for treatment. The child was found suffering from pneumonia and the defendant asked the plaintiffs to admit the child in his clinic, but they refused to do so. So the defendant prescribed medicines to the child. On 12.05.1989, the child was brought to his house with high fever. As required by the defendant, the child was admitted in his clinic. Thereafter, effective and continuous treatment was given to the child. The child had shown remarkable improvements within 48 hours of starting treatment. Temperature remained normal till the date of discharge of the child on 19.05.1989. According to the defendant, he had correctly diagnosed the child's ailment as pneumonia and appropriate treatment was given. Plaintiffs were asked to bring the child to his clinic after five days of discharge. The records would show that thereafter the child was not brought to his clinic as directed. Later, he came to know that the child was taken to Vijaya clinic, Mangalore and the sad demise of the child. It was understood by the defendant that on 05.05.1989 the child had been taken to another pediatrician at Taliparamba and he also diagnosed the disease of the child as pneumonia. He too had advised the plaintiffs to admit the child in his nursing home. The records produced from Vijaya clinic also shows that the child was treated for emphysema, a lung disease. 1 litres of pus was drained from the child's lungs. The defendant is not responsible for the death of the child. Plaintiffs are not entitled to get any damage or compensation from the defendant.