B.S. YADAY Vs. SAI MAHIMA HOSPITAL

JUDGEMENT

(1.) APPELLANTS are aggrieved by the order dated 06.05.2010, of learned District Consumer Disputes Redressal Forum, Kangra at Dharamshala, whereby a  complaint, under Section 12 of the Consumer Protection Act, 1986, field by them against the respondents has been dismissed.

(2.) APPELLANTS are the husband and the children of deceased Smt. Sunita Devi, who was subjected to medical termination of pregnancy (MTP) at the clinic of respondent No.1, on 07.04.2002, and as a result of some complication, arising  because of the said MTP, she died on the next following day at Military Hospital, Yol. According to the appellants, cause of the death of said Sunita Devi was negligent handling of the procedure by the doctors of respondent No.1. Respondent No.2 has been impleaded because respondent No.1 had insured itself with the said respondent for indemnification in the event of its being held liable to pay any claim for professional negligence.

(3.) ACCORDING to the appellants, Sunita Devi was taken to the operation theatre at 3.00 p.m. Procedure was done and at 3.30 p.m. she was shifted to recovery room. At 4 p.m. or within half an hour, it was noticed that she had become apneic (breathless). She was intubated and manually ventilated and shifted to operation theatre, where suction was done. Secretions from her lungs had appeared in the endo -tracheal tube. Bilateral crepitations from her lungs were also noticed. Her endo -tracheal tube was repeatedly suctioned. Life saving drugs was injected. By 4.45 p.m., she started breathing. Her husband, who happened to be a male nurse in the Army, was explained that the lady was having grave prognosis, who then shifted her to the Military Hospital at Yol. She was admitted in the said Hospital and was given treatment, but on the next following day around 6.30 in the evening, she died.