B S KRISHNA KUMAR Vs. MANIPAL HOSPITAL

JUDGEMENT

(1.) THIS complaint is filed on 15.12.1997 by the complainants Shri B.S. Krishna Kumar, his wife Smt. B. Lalitha, Smt. Laxmi, w/o Ashok Kumar and Kum. B. Sarika, d/o B. Ashok Kumar, against Manipal Hospital, doctors N.K. Venkataramana, S.N. Simha, Vamadeva Rao, Praveen Kumar Sharan, working in O.P. 1 Hospital, praying for awarding compensation of Rs. 19.00 lakh, and for a direction to O.Ps. 1 to 6 to pay it with interest @ 18% p.a. from the date of filing the complaint till payment date.

(2.) THE brief facts are that Ashok Kumar, son of complainants 1 and 2, and husband of complainant No. 3, and father of complainant No. 4, was running footwear business in Vijayawada, and on 24.12.1995 at about 6.00 p.m. in Madanapalli, he sustained bullet shot injuries to his abdomen/left lower chest in police firing, where he had gone on business. He was initially treated at Community Hospital, and discharged at 7.30 p.m. He was taken to O.P. 1 Hospital on the same day at 10.30 p.m. and admitted for treatment, on 26.12.1995, he was operated by Neuro Surgeon to remove the bullet, which was said to have been lodged adjacent to L1 -L2 Spine. Patient developed features of intestinal obstruction (paralytic ileus), after the operation. On 28.12.1995, he was operated by general surgeon by Exploratory Laparotomy (incision through the anterior abdominal wall). At that time, it was noted that there were (i) entry and exit wounds over the anterior surface of the fundus stomach (the part of stomach to the left and above the level of the opening osophagus); (ii) Jagged entry wound in the left dome of the diaphragm; (iii) contusion (injury to a part without a break in the skin or bruised of the mesentry (a membraneous fold attaching various organs to the body wall, especially the peritoneal fold attaching the small intestine to the dorsal body wall) of the splenic; (v) Bile stained fluid in the peritoneal cavity (peritoneal serous membrane, lining the walls of abdominal and pelvic cavities and investing the contained viscera). The perforations were said to have been closed in the course of the operation conducted on that day. However, on 3.1.1996, patient developed a burst abdomen once again secondary suturing was done within a few hours. The patient is said to have died the same day. Deceased was taken for post mortem. Post mortem report shows stomach contained green coloured fluid, and on dissection of abdomen, it was found that the mesentry and coils of intestine showed adhesion softening covered by fibrinious inflammatory exudates amount 300 ml. Cause of death however was not given. Discharge summary copy and post mortem report are produced in Annexures C1 and C2. After the patient sustained injury, he was immediately shifted to O.P. 1 Hospital without delay, with the belief that the patient would receive immediate, timely, and specialized treatment, since O.P. 1 is a specialized hospital providing sophisticated diagnosis and treatment. O.Ps. were negligent in diagnosing and treating the patient as a result of which the patient died. The apparent negligence of O.Ps. is evident from the discharge summary and death of the patient Ashok Kumar to be attributed to the following factors.

(3.) THE deceased was running Footwear Business and Commission agency in Vijayawada for profit Show Co., and Distributor of Miami Footwear in the same place. He had a monthly income of Rs. 15,000 to 20,000 at the time of his death. He had every prospect of increasing his income, since he was doing well in the business. Deceased was maintaining his parents, wife and child out of his income. As a result of his death, they have lost their only support, and wife is deprived of the companionship and source of livelihood, and child is deprived of father s love and affection and support. The complainants in all have suffered a loss of about Rs. 19.00 lakh including medical expenses, loss of dependency, loss of consortium, and all other expenses on account of death of Ashok Kumar. Since his death is as a result of negligence of O.Ps., they liable to reimburse the complainants, the loss suffered by them. Cause of action occurred on 3.1.1996 when Ashok Kumar died in the care of O.Ps. at Bangalore. The complaint is in time.