(1.) THE complainant is a resident of Madras and is living with his parents for the past four years. He married Ms. Madhavi hereinafter called ˜the deceased d/o B. Janardhana Rao r/o Eluru. While so, she conceived in November, 1995 and it was informed to her parents at Eluru. Though all medical facilities are available at Madras, her parents wished that she should be with them being the first pregnancy. Accordingly indifference to their wishes the complainant agreed to send her to her parents in December, 1995. During her stay at Madras she was regularly examined by Dr. Republica Sridharan, T. Nagar, Madras. From December, 1995 onwards she was regularly visiting the first opposite party, hereinafter called ˜the doctor who is also her family doctor.
(2.) WHILE so, the wife of the complainant met the doctor on 5.6.1996 for complaints of uneasiness, loss of appetite, vomitting sensation and not being able to pass urine freely. She visited again on 7.6.1996, 10.6.1996 and 14.6.1996. As there was no improvement scan of Gravid Uterus was conducted which showed foetus of 36 weeks. During the night of 15.6.1996 the patient developed severe pains and she was rushed to the clinic of the first opposite party doctor whereupon the latter admitted her for observation. But on examination the doctor opined that there is no cause for anxiety. On 16.6.1996 the doctor after going through the Gravid Uterus report informed that caesarean section has to be resorted to. Accordingly the said operation was performed at 1.00 p.m. and a female baby was born. After the surgery the doctor informed the parents of the deceased that she found that the patient was suffering from jaundice at the time of operation and shouted at them for not informing her of the same.
(3.) ON receiving information about these developments the complainant reached Eluru by 12.00 mid -night on that day. After caesarean the patient was still unable to pass urine which was accordingly reported to the doctor who informed that it is not a problem. On 18.6.1996 at about 8.30 a.m. the complainant and his father rushed to the doctor and expressed their fear seeing the condition of the patient. The doctor informed them that the patient was not reacting to the treatment and recommended to try Ayurvedic pills which were brought by her. The complainant thereupon requested her to consider whether there was any process possible to remove the urine from the patient who had not passed urine for 48 hours and was bloating heavily. The complainant then requested the doctor to take second opinion from Dr. Venkat Rao, a specialist in these cases working in Medwin Hospital, Hyderabad, which suggestion was rejected by the doctor. However on being persuaded by the complainant and their relatives, the doctor advised them to shift the patient to Rajahmundry to one of her relations nursing home for dialysis. Finally she agreed to shift her to Vijayawada, a nearer place to the second opposite party hospital. Before shifting the doctor examined the patient and finding pulse rate being low and B.P. dropping, gave the patient some injections. She also gave a letter addressed to the second opposite party with details of treatment given by her and the present condition of the patient. Accordingly the patient was shifted to Vijayawada by hiring an ambulance and admitted in the second opposite party Poly Clinic at 4.00 p.m. on 18.6.1996 and the second opposite party doctor on examination gave her oxygen, saline and expressed that there is almost no hope of survival. The patient did not respond to the treatment given by him and finally breathed her last at 00.20 a.m. on 19.6.1996 in the second opposite party clinic.