SHANTA Vs. STATE

JUDGEMENT

(1.) One Mrs. Shanta, 25 years old woman, has invoked this Court's jurisdiction under Art. 226 of the Constitution of India seeking, inter alia, a direction to the first respondent to institute complaint for investigation by the police into the acts and omissions of the second and the third respondents herein i.e., Superintendent, Government Maternity Hospital, Afzalgunj and Dr. Rama Sundari, Assistant Professor of Obsterics and Gynaecology, Government Maternity Hospital, Afzalgunj, Hyderabad, which constitute, according to the petitioner, (1) offences against her body while operating for the delivery of a child; (2) other and further actions against the second and the third respondents in accordance with law; and (3) to pay compensation consolidated in a sum of Rs. 8,00,000.00 to her for the injuries and sufferings caused to her by the second and the third respondents.

(2.) Facts in brief :- Petitioner who hails from the State of Karnataka has been residing in Hyderabad and working as an assistant to a cook - Janaki Ramaiah and receiving a monthly remuneration. She has given birth to three children, the eldest being a son of seven years of age, the second being a daughter of four years of age and the third a girl child, who is born only in the Government Maternity Hospital, Afzalgunj on 20-11-1996. According to the petitioner, since she had undergone Caesarean operations for deliveries of the first and the second child, she consulted and visited the Government Maternity Hospital, Afzalgunj for periodical check-up during pregnancy and since she had not been having sufficient financial back-up, she depended upon the free medical services, which finally resulted in her admission into the hospital on 15-11-1996 and operation on 20-11-1996 at 4 a.m. in the hospital. She has narrated the facts in this behalf as follows :"It is in these circumstances that I was admitted into the hospital on 15-11-1996 and I was operated upon 20-11-1996 at 4-00 a.m. According to the medical report given to me I was operated by the doctors working in the medical unit called B/C Yellow.BC No.88/46it was indicated that the operation was conducted under spinal aesthesia. I did not have any consciousness when the operation was conducted. I was discharged from the Government Maternity Hospital on 26-11-1996. I went home. After 1 or 2 days I started developing pain in my abdomen. The pain gradually increased. During this time I visited the Government Maternity Hospital and requested the doctors to give me treatment for the pain. In this connection I met with the 3rd respondent who had conducted the caesarean operation upon me on 20-11-1996. In fact I came to know this only through the medical staff in the out-patient ward...............the 4th respondent after a customary examination told me that the pain would subside in course of time and suggested that I should not be unnecessarily worried about the pain...............by 1/01/1997 my condition became so serious that I could not even get up from my bed. By then I have a one and half month old baby to be looked after personally and two other children who also needed my services. On 1-1-1997 Mr. Janakiram came to my house to see my condition and he rushed me to a private nursing home under the control of the 4th respondent hospital. The 4th respondent Dr. S. Chandra Shekar Rao on examination told me that there was some thing wrong in my stomach and I require to be under his continuous supervision at least for a week and he also prescribed me half a dozen tests for complete examination and diagnosis of my ailment. I was subjected to CBP, ESR, RBC, WBC, Differential Count, Blood grouping, complete Urine examination and Random blood sugar. On 2-1-1997 Dr. S. Chandra Shekar Rao sent me to Shravya Scan Centre, Narayanaguda, Hyderabad for an ultra sound examination of my abdomen................Dr. Kamalakar Reddy, the consultant radiologist in his scanning report observed that on palpation of my abdomen he found a defusable swelling in the left quadrant of the abdomen and it looked tender. He doubted that there was some foreign mass which could be the reason for the continuous pain in my abdomen. He observed that there was a hyper echoic band in the paraspinal region in the left lower abdomen measuring about 10 x 5 cms. He doubted that some material used in the surgery was left in my abdomen and that could have been a reason for the pain. After receiving the scanning report I have shown it to Dr. S. Chandra Shekar Rao under whose constant vigil I was kept in the nursing home. Dr. S. Chandra Shekar Rao told me that I should undergo laparotomy immediately as the retention of foreign mass might prove fatal to me..............I was in the hospital almost penniless and no attendants to me. I was attended to by Dr. S. Chandra Shekar Rao and his team of doctors including Dr. Sudha and Dr. Latha very magnanimously. Despite their repeated suggestions to me to undergo the operation immediately I resisted it on the ground that I would like to have at least one of my relatives and some money at the time of my operation. My condition became serious day by day..............I was given all necessary medical help by Dr. S. Chandra Shekar Rao and his team of doctors. On 4-1-1997 I was operated upon at the 4th respondent hospital at about 9-00 a.m. Dr. A. Y. Chary, Assistant Professor of Surgery at Gandhi Medical College along with Dr. S. Chandra Shekar Rao, Dr. Sudha, Dr. Latha and Dr. Madhava Rao who conducted the operation for nearly 4 hours. I was shocked to learn that the mop contained in my abdomen was a towel used in the surgery and a few other surgical material was also extricated from my abdomen. Because of the remaining of the foreign body in the abdomen the small intestine and all other surrounding parts were highly infected and I was almost in the jaws of death on 4-1-1997............I came to know about this only through Dr. Chary, Dr. S. Chandra Shekar Rao. The team of doctors had a sign of relief after the successful operation and they told me that it would take at least one and half month for my recovery. They also told me that the foreign body that is the mop protruded into the small intestine and it caused a large hole thereby necessitating cutting of my intestine at the infected regions and it was reattached. I was told that I should be required to go another operation within a short span for my total recovery..............during this time I have sold away all the jewellary including my Mangalasutram to meet the expenditure.............now I am almost a penniless and I am continuing at the magnanimity and mercy of Dr. S. Chandra Shekar Rao and his team of doctors. They are giving me medicines and food to me and to my attendants. My one and half months old baby is separated from me and she is fed on a external food. I am sorry that I am not in a position to attend my one and half month old boby and this causing me lot of mental agony. My daughter is not able to adjust to the external food and I have a doubt to that extent that she may not survive if she is not brought under my control, but the doctors cautioned me that the child with me at the hospital might prove fatal to both of us.............at present I am suffering from Jaundice and other related ailments and I require to be in the hospital for another 2 months............. I was taken to the 3rd respondent thrice and the 3rd respondent instead of giving me any help and treatment has threatened me that I would be starved for medicare if I happen to make any complaint or informed any body that she had conducted the operation upon me. She also told me that she had informed the doctor's association about this and if I am shifted to the Government Maternity Hospital again it would get publicity and the 3rd respondent would be blamed. She prevented me from going back to the hospital for further treatment. I am afraid that if I am shifted back to the same hospital I may not survive and I may be killed to demolish the evidence..............I became a victim of the Criminal negligence of the doctors and I am also subjected to black-mailing by the 3rd respondent and others. In these circumstances, I am left with no other option except to approach this Hon'ble Court to protect and preserve my life and also further pray this Hon'ble Court to give me an opportunity to look after my children by myself. I am a very poor lady and I have already spent at least Rs. 1 lakh for my treatment from November 2nd week to till date. I am totally bed-ridden and I have lost my source of livelihood and I became totally dependant upon the mercy of Dr. S. Chandra Shekar Rao and his team of doctors and Mr. Janakiram. I would like to die rather than to be a total dependant and liability to my family unless I am given due medical assistance at any other hospital or at least in the present hospital itself, the chances of my recovery look very grim. I am financially totally drained...........I am prepared to be examined by any doctor or doctors or independent body of impartial people to examine the veracity or otherwise of the contentions made by me in this petition."

(3.) Janaki Ramaiah, who has figured in the above narration of facts in the affidavit, which has been filed in support of the petition, is introduced in the contents of the affidavit as the expert cook, as whose helper or assistant the petitioner has been working. Since the petitioner was receiving treatment in Sumanchandra Nursing Home, which is not a Government Hospital, we directed for immediate shifting of the petitioner in the Nizam's Institute of Medical Sciences and also for a medical report by a Committee constituted for the purpose by the Government of the State. Director in-charge, Nizam's Institute of Medical Sciences sent to the Court the medical report submitted by the Committee, which examined the petitioner on 25-1-1997 at 5 p.m. We also directed for notices upon the second, the third and the fourth respondents. The second respondent entered appearance and filed counter. The third respondent although entered appearance before 5-2-1997, but on the day the Court dealt with the report of the expert committee, she had filed no counter. The fourth respondent in spite of notice, however, had not entered appearance. We, after seeing the above, ordered on 5-2-1977 as follows :