A V JANAKI AMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The fourth petitioner, Major P. Gopalakrishna, is father of petitioner Nos.2 and 3. First petitioner is mother-in- law of fourth petitioner. One Smt. Savithri is wife of fourth petitioner and mother of petitioner Nos.2 and 3. First petitioner is mother of Savithri Savithri died due to medical negligence of Respondent Nos.2 and 3 herein. Therefore, present writ petition is filed seeking a declaration that the action of Respondent Nos.2 and 3 in not properly conducting operation and not taking proper care as illegal, improper and arbitrary, and for a consequential direction to pay compensation of Rs.20,00,000.00 (Rupees twenty lakhs only) to petitioners and also direct first respondent to take appropriate action as per law against Respondent Nos.2 and 3.

(2.) The fourth petitioner at the relevant time was serving Indian Army in the Organization of Chief Engineer, R&D. He is a Commissioned Officer. Smt. Savithri was admitted to Military Hospital, Secunderabad, under care of respondent Nos.2 and 3. Cystectomy surgery was performed on her on 26.11.1996 by the second Respondent, who is Obstetrician and Gynaecologist, and his Assistant Major Shyama Rao. After the operation the wound did not heel even after one month. Fourth petitioner requested the fourth respondent to send the patient to another hospital for second opinion. The same was rejected. On 11.12.1996 as recommended by Dr. Lieutenant Colonel Rakesh Mohan, Radiologist, ultrasound test was proposed. After doing ultrasound test it was found that there was heterogeneously enhancing hyperdense well defined mass lesion. The respondents did not make any efforts to identify the mass though temporarily post operative fever subsisted. Again on 1.1.1997 Savithri developed high fever. She was taken to a private hospital i.e., Apollo Hospital, and an explaratory laprotomy was done. Doctors at Apollo Hospital found that there was mop towel at the place where the surgery was done in November, 1996. Ultimately on 16.2.1997 Savithri died due to septicemia leaving her husband, minor daughter, and a daughter of marriageable age in lurch. Due to untimely death of Savithri, first petitioner lost only source of livelihood as she was depending on her. Though fourth petitioner incurred huge amounts for paying to hospital, the respondents did not reimburse the same nor did they give any compensation for death of Savithri, which resulted due to medical negligence on the part of respondent Nos.2 to 4 herein. Therefore, present writ petition is filed.

(3.) The third respondent at the relevant time was Commandant of Military Hospital, Secunderabad, in which the second respondent was Obstetrician and Gynaecologist. Though specific allegations are made against Respondent Nos.2 and 3 that they are negligent in treating Savithri, curiously it 4s the third respondent who has filed counter-affidavit on behalf of all the respondents. It is curiousor that second respondent has not chosen to file any counter-affidavit denying allegations of negligence, nor counto affidavit filed by third respondent refers to Court of Inquiry ordered against third respondent. Be that as it is, in the counter-affidavit filed by third respondent on behalf of all the respondents, while tracing the medical history of Savithri leading to her death, the allegations of negligence are denied. The allegation that Doctors acted in a careless manner leaving mop inside Savithri has been denied calling for strict proof by petitioners. The counter also denies that mop was left during surgery at Military Hospital, Secunderabad.