JOINT DIRECTOR OF HEALTH SERVICES SIVAGANGAI Vs. SONAI

JUDGEMENT

(1.) Defendants 3 and 4 in O.S. No. 46 of 1993, on the file of Sub Court, Sivagangai, are the appellants herein.

(2.) Parties hereinafter will be referred to according to their rank in the suit.

(3.) Material facts which are necessary for proper disposal of the second appeal could be summarised thus :-First plaintiff is the husband, and plaintiffs 2 to 4 are the children of late Panchavarnam, who died on 3-1-1990. Plaintiffs allege that late Panchavarnam gave birth to the fourth plaintiff on 4-12-1989. Second defendant in the suit, who is a motivator to encourage birth control operations, persuaded Panchavarnam to have family planning operation, and she was admitted at Paganeri Government Hospital. On 14-12-1989, i.e. ten days after the delivery, Panchavarnam was operated. Plaintiffs allege that on the same day, she was discharged from the hospital without being given any instructions regarding the follow-up action, and within two days, Pancha-varnam felt some pain in her abdomen. She was taken to the nearby Primary Health Centre. After two days, she was asked to leave the hospital. Again, when she went back to the house, she complained of pain, and at that time, the second defendant, who is not qualified even as a Nurse, removed the stitches in the house, even without taking any Preliminary precautions. Thereafter also, the pain did not subside, and, therefore, she was taken to the hospital, and finally, on the advice of the first defendant, she was taken to the Madurai District Hospital on 22-12-1989. Eventhough good treatment was given, she died on 3-1-1990. According to plaintiffs, the death of Panchavarnam was caused due to medical negligence. First defendant who operated Panchavarnam was not careful enough to give necessary instructions to the patient, and she also allowed the second defendant to remove the stitches. Panchavarnam was not given proper care. Only due to the negligence of the defendants 1 and 2, Panchavarnam died.