LAWS(TNCDRC)-2011-5-57

SARALA SRINIVAS Vs. M/S. HARVEY HOSPITAL LTD

Decided On May 31, 2011
Sarala Srinivas Appellant
V/S
M/s. Harvey Hospital Ltd. Respondents

JUDGEMENT

(1.) This is a complaint filed under Sec.15 of the Consumer Protection Act, claiming a compensation of Rs.20 lakhs, on the basis of medical negligence and deficiency in service.

(2.) Brief facts necessary for the disposal of the case: The husband of the 1st complainant (deceased) viz. Srinivasan, father of the complainants 2 and 3, was admitted in the 1st opposite party hospital, on 14.12.97, for medical investigation. Even prior to that, diagnostic angiogram was performed on 14.8.1997, and on that basis alone, angioplasty was performed, in the month of December 1997. Thus the opposite parties are guilty of negligence, even in the initial stage.

(3.) The 2nd opposite party, who treated Srinivasan, has administered straightaway Ionic dye, resulting the fatality. Because of the negligence committed viz. without giving test doze, ironic die of 5 ml., was administered, it caused problem resulting anaphylaxis, preceding falling of blood pressure. For 12 hours, though the opposite parties have attempted to revive the heart, including femoral Femoral cardio pulmonary bypass, which was not necessary and even not taking to ICU, where as attended only at cath lab, they were unable to save the life of Srinivasan, thereby all the opposite parties have committed deficiency in service, failing to adopt the expected standard of care, ane even they have not informed the problem to complainants, further they have also failed to furnish the records to the complainants, despite notice issued. Thus it is clear, due to the negligence and improper treatment of the opposite parties, Srinivasan died, leaving behind the complainants, causing mental agony, loss of earning etc., for which the complainants are entitled to a sum of RS.2000000/-, as a whole. Thus claiming, a consumer complaint was filed before this commission.