SUNDARAVELU Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) THE complainant s wife Mrs. Amudha was admitted in the hospital of the 2nd opposite party on the advice of the 1st opposite party on 28.5.1998. Though the general condition of Amudha was good, she did not develop any labour pain. Therefore, the 1st opposite party prescribed certain medicine at about 2.15 p.m. Around 2.30 p.m., she was transferred and admitted in the labour ward. The 1st complainant after leaving his children with his mother -in -law, came back to the hospital around 6 p.m. He was informed that the 1st opposite party had left the hospital at 5 p.m. and she was not available at the hospital and only duty nurses were present. They were informed by the nurses that the patient was in good condition and delivery was expected any time. Around 7.15 p.m. the complainant s wife developed fits. It was conveyed to the duty nurses around 8 p.m. The nurses said they were able to control the fits. The duty nurses requested the complainant to bring some other doctors as the condition of the patient was critical. Therefore, the complainant rushed to A.G. Hospital which is nearby and requested the doctor there to come and attend. Dr. Meenakshi of A.G. Hospital came and attended the patient. Dr. Meenakshi advised a Surgeon from Madambakkam to be brought immediately since an emergency operation had to be performed. Accordingly, he rushed to Madambakkam to bring the Surgeon but the surgeon at Madambakkam told him that he has received a phone call from the hospital stating that the delivery was over and that his presence was not required. The complainant rushed back to the hospital. Though Dr. Meenakshi promised that she will be shifted to A.G. Hospital, the patient was not shifted to A.G. Hospital. The complainant was informed that his wife had delivered a still born female child. The complainant was shocked. But the staff there did not disclose about the health condition of his wife. The complainant again rushed to A.G. Hospital and found only duty doctors and brought two of them to check the complainant s wife. They came out of the labour room in a confused state and rushed to A.G. Hospital. At the same time, the 1st opposite party arrived at the hospital. She came around 9.30 p.m. After rushing to the labour ward, she came back and informed the complainant that the condition of the wife is precarious and she tried to arrange for blood and that she was not successful and asked the complainant to arrange for blood. Though the complainant told her that his friend Udayakumar was having A positive blood, but, for the reasons best known to the 1st opposite party, she did not accept the same. She insisted upon the complainant being taken to Egmore Maternity Hospital. The complainant requested the 1st opposite party to provide Ambulance facility but that was also not done. Left with no other option, the complainant himself took his wife in his car to Military Hospital. Upon admitting in the Military Hospital, he was shocked to hear from the doctor that the patient was already dead. Thus, the opposite parties have failed to take proper care of the patient from the time she was admitted in the hospital. They have failed to exercise ordinary skill and care. They did not attend upon the patient for more than four hours. On account of their negligence and deficiency in service, two lives were lost. Therefore, the complaint is laid praying for a compensation of Rs. 18,00,000/ -.

(2.) THE written version filed by the opposite party runs as follows:

(3.) THE points for determination are: