S.BHANUPRIYA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The instant Writ Petition has been filed by a mother seeking for compensation from the respondents for the physical pain and mental agony underwent by her for a period of nearly nine months after delivering a child in the 3 rd respondent hospital, due to the alleged negligence on the part of the respondents.

(2.) The case of the petitioner is that she was admitted in the 3 rd respondent hospital on 4/11/2005 and she delivered a baby boy on the same day at about 12.30 PM. The 4 th respondent doctor performed the delivery and she had to use the forceps, since there was a last minute complication and it required stitches. From 5/11/2005 onwards, puss was oozing from the surgical scars and the petitioner was experiencing difficulty in urinating and defecating. On 9/11/2005, the stitches were undone by the 4 th respondent and she redid the stitches on the same day.

(3.) The situation did not improve for the petitioner and on 10/11/2005, Dr. Ilanchezian examined the petitioner and he used catheter to remove the puss and it was informed that the said doctor will perform the second surgery. The further case of the petitioner is that the situation was not improving for the petitioner and the puss was oozing and dribbling down the legs and she was undergoing extreme pain and hardship. Since there was no progress till 15/11/2005, the husband of the petitioner decided to get the petitioner discharged from the 3 rd respondent hospital. The 4th respondent informed that the petitioner has to wait for the second surgery to be performed by Dr. Ilanchezian and since he was not readily available, the petitioner was asked to wait. However, the husband of the petitioner was not able to take it anymore and he insisted for the discharge of the petitioner and the petitioner was discharged on 16/11/2005.