LAWS(MAD)-2011-3-325

SONI HOSPITAL Vs. ARUN BALAKRISHNAN IYER

Decided On March 11, 2011
SONI HOSPITAL Appellant
V/S
ARUN BALAKRISHNAN IYER Respondents

JUDGEMENT

(1.) This Appeal has been preferred by the defendants in C.S.No.1345 of 1991, challenging the judgment and decree dated 17.06.2003, directing the payment for a sum of Rs.3,35,000/- payable by them as compensation with 6% interest per annum, from the date of the plaint to that of the actual payment.

(2.) For the sake of brevity, the parties as mentioned in the suit are referred in this appeal in the same manner.

(3.) The first plaintiff is the husband of the second plaintiff. The second plaintiff underwent an operation on 29.09.1989 in the first defendant Hospital for the removal of ovarian cyst. The operation was performed by the second defendant assisted by the third defendant who were the Doctors attached to the Hospital. During the process of the operation, the second defendant came out of the operation theatre and informed the first plaintiff that, the uterus of the second plaintiff will have to be removed immediately. The first plaintiff protested the said proposed decision by stating that the second defendant ought to have obtained the consent before doing so. However, he was informed by the second defendant that, it would be impossible to obtain the consent considering the fact that she was in anesthesia and the removal of uterus is very much necessary. Accordingly, having no other option, the first defendant left the decision to the discretion of the second defendant.