JANA SWARNALATHA Vs. K.ANJANI KUMAR

JUDGEMENT

(1.) The unsuccessful complainants are the appellants.

(2.) The facts leading to filing of this appeal are that the complainant no.1 is the wife, complainants no.2 and 3 are the daughters and the complainant no.4 is the son of late Jana Srinivasulu. On 8.1.2002 the husband of the complainant no.1, Jana Srinivasulu got admitted in the opposite party no.1 hospital due to breathlessness. The opposite party no.1 after examining the patient opined that the problem may be with the lungs and called the opposite party no.2 who after examining the patient stated that the problem was not with the lungs but it is not for the heart. The patient was in the hospital from 9.1.2002 till 11.1.2002 but the opposite parties could not detect the main problem of illness. As the condition of the patient deteriorating the complainants shifted him to Bollineni Super Specialty Hospital, Nellore where after careful examination of the patient the doctors opined that the patient consumed poison and condition of the patient was critical. The doctors at Bollineni Hospital expressed their opinion that as the patient did not receive proper treatment prior to his admission in Bollineni Hospital the condition became critical. The patient while undergoing treatment in the hospital died on 18.1.2002.

(3.) The case of the complainants is that the opposite parties instead of giving treatment for complications due to poisoning, they have treated it as a pediatric problem and lungs problem and due to wrong diagnosis and treatment the patient was died. The complainants had spent Rs.35,000/- at the hospital of the opposite party no.1 and Rs.50,000/- at Bollineni Hospital. The IV town P.S. Nellore registered a case in Cr.No.18/2002 u/s 174 Cr.P.C. An inquest was conducted over the body of the wife of the 1st complainant and the mediators opined that the deceased died due to lack of proper treatment at the hospital of the opposite partyno.1. The complainants got issued legal notice dated 28.7.2002 and the same was received by the opposite parties but they did not respond. Hence, the complainants filed the complaint before the District Forum seeking direction to the opposite parties to pay Rs.9 lakhs under different heads mentioned in the complaint.