DURGA NURSING HOME Vs. K DHANASEKARAN

JUDGEMENT

(1.) THE 1st opposite party is the appellant in F.A.No.1070/2011.

(2.) THE complainant is the appellant in F.A.No.683/2012.

(3.) THE complainant's wife had delivered a baby boy in the 1st opposite party's nursing home on 26.1.2003 and also undergone sterilization operation on 27.1.2003 and after discharge from the Hospital on 30.1.2013 in continuation of the medical care and post natal check up the complainant's wife taken the 42 days old baby to the 1st opposite party nursing home on 10.3.2003 at 12 noon for administering the 1st dose of OPV and DPT as per the schedule already given by the 1st opposite party. The 2nd opposite party 1st administered OPV and after that administered DPT injection to the baby and as soon as the injection was given the baby turned blue and become motionless and when the 2nd opposite party tried his level best to revive the baby by pressing against the chest mouth and mouth practice the baby instantly died. The complainant come forward with the consumer complaint alleging negligence on the part of the opposite parties in giving vaccinations without following proper test before administering of the vaccinations by using expired dose by medicines and due to the negligence the baby become died and thereby praying a sum of Rs.10,00,000/ - as compensation and for costs.