SIVAKANI SUBASH Vs. S.SIVARAJ

JUDGEMENT

(1.) The opposite party is the appellant.

(2.) The complainant filed a complaint against the opposite party regarding the deficiency of service in giving the medical treatment and for medical negligence claimed compensation for Rs.3,00,000/- for mental agony anguish and humiliation to pay the cost of the 2nd operation charges for Rs.1,25,000/- with 24% interest and for the cost.

(3.) The complainant case in brief is as follows:- The complainant approached the opposite party for treatment of stomach pain on 11.5.05 and he was informed after examination he has to be operated for the appendicitis and advised for immediate surgery to be done within two hours and believing the words he got admitted in the opposite partys hospital and on next day the surgery was conducted though not on 11.5.05 as informed and on 13.5.05 the condition of the complainant become worsened and the opposite party doctor after the surgery left for Bombay leaving the complainant at the care of hospital staff without giving any instructions or appointing other doctors and when the condition become worsened, the opposite party was informed through telephone and she has given instructions to the staff over phone. Since the complainant was not given proper treatment sought for discharge and got himself admitted in another Hospital namely Ramakrishna. There on 15.5.05 another operation was conducted whereby they removed the pus collection from the respondents abdomen and he was discharged after treatment and still under regular medication. Hence he has claimed compensation from the opposite party to the extent of Rs.4,30,000/-.