INDIRANI MURUGAN Vs. SUVEDHA

JUDGEMENT

(1.) This Second Appeal is at the instance of the defendants in O.S.No.2 of 2009 on the file of the Sub Court, Mannargudi which was originally filed as a suit by an indigent person before the Sub-Court, Thiruvarur as P.O.P.No.82 of 2008. Upon the said Pauper O.P being allowed, the suit was taken on file and was numbered as O.S.No.2 of 2009. The said suit was filed by the plaintiff seeking a compensation of Rs.4,00,000/- for the mental agony undergone by her due to the negligence of the defendants.

(2.) According to the plaintiff, she was admitted in the Government Hospital, Mannargudi for delivery on 19.12.2006. The 1st defendant as a gynecologist attended on her. Since normal delivery was impossible the 1st defendant advised the plaintiff to undergo cesarean surgery. Accordingly, the surgery was performed on 19.12.2006 and she delivered a male child at about 11.49 a.m.

(3.) While doing the surgery, the 1st defendant negligently left the surgical needle in the uterus of the plaintiff and completed the surgery. The 1st defendant though was aware that the surgical needle was left inside the uterus did not inform the plaintiff about the same. The 1st defendant had referred the plaintiff for further treatment to the Thanjavur Medical College Hospital, Thanjavur by engaging an Ambulance. The plaintiff was informed that there was an inflammation near the uterus which is required to be treated by experts and hence she is referring the plaintiff to the Thanjavur Medical College Hospital.