G ASHOK KUMAR Vs. K LAKSHMI

JUDGEMENT

(1.) THE appellant in F.A. No. 95/2003 is opposite party No. 1 in C.D. No. 41/1999 on the file of District Forum, Medak at Sangareddy.

(2.) THE brief facts as set out in the case are that the complainant suffered from ill health and approached opposite party No. 1, who advised her to undergo urine analysis, blood test, B.P. test etc. The reports were normal but she was admitted on 9.4.1998 in opposite party s hospital for operation. The doctor kept open the abdomen of the complainant and without conducting any operation closed the abdomen. Due to negligence of the doctor, the complainant spent Rs. 45,000 for medical expenses and suffered mentally and financially. Thereafter she approached Dr. P. Bhaskar Rao on 7.11.1998 and underwent operation and was discharged on 23.11.1998. Since the complainant suffered heavily, she got issued a legal notice to opposite party No. 1 and opposite party No. 1 replied that when the complainant s abdomen was opened suddenly the complainant developed breathlessness and high B.P. and therefore the operation could not be conducted. The complainant further submits that she suffered on account of gross negligence of opposite party No. 1. Hence the complaint to direct the opposite party No. 1 to pay medical expenses and compensation.

(3.) OPPOSITE party No. 1 filed counter denying the allegations and submitted that the complainant approached him on 4.4.1998 and he advised her to undergo certain tests. Again on 7.4.1998 the complainant approached him with ultra sonography scan and her blood pressure showed that she was hypertensive, so he sent her with an advice to get her B.P. checked up regularly and ultra sonography scan showed that there was query for adhesions. On 9.4.1998 the complainant was admitted in his hospital and the surgery commenced at 4.00 p.m. and since the complainant was facing difficulty in breathing, the surgery was stopped and second opinion was called for from Dr. P. Bhasker Rao and the said doctor checked the complainant s condition and all the doctors decided to stop the surgery and their opinion was informed to her husband. The patient s abdomen was sutured and she was shifted to her room and she stayed as inpatient for 7 days and she was charged Rs. 1,000 for theatre charges and room rent for 7 days @ Rs. 40 per day. He submits that there is no negligence on his part and sought dismissal of the complaint.