SUNNY VARGHESE Vs. SATHYAPRABHA SUJATHAN

JUDGEMENT

(1.) These two Appeals arise out of order of the State Consumer Disputes Redressal Commission, Kerala (for short the "State Commission") dated 07.01.2012 in CC/16/2001 whereby the State Commission held Contributory negligence and the compensation was awarded partly to the complainant for medical negligence, resulting in the death of her husband Mr. Sujathan (the deceased -patient).

(2.) For the convenience the facts are drawn from the FA 193 of 2012. The parties are referred as similar in the Complaint before the State Commission. The Appellant No. 1, Dr. Sunny Varghese is the Opposite Party No. 2, the Appellant No. 2 Venniyil Dr. Sukumara Pillai Memorial Hospital as the Opposite Party No. 1 and the Respondent is the Complainant is Ms. Sathyaprabha Sujathan, the wife of deceased.

(3.) Brief facts of the case are that on 05.02.2000 the complainant's husband Mr. Sujathan (hereinafter referred to as the 'patient') was taken to the Opposite Party No. 1 Hospital with the complaint of pain in throat with blood in the saliva while spitting, as a consequence of having fish curry for dinner on 02.02.2000. The Opposite Party No. 2, the ENT Surgeon examined the patient and X- ray of neck was done. The X-ray showed a fish bone piercing in the left tonsil. The patient was advised for Tonsillectomy which was performed by Opposite Party No. 2 on 06.02.2000 at Opposite Party No. 1 hospital. Thereafter, in-spite of the Tonsillectomy surgery, the patient suffered uncontrolled bleeding, therefore on 07.02.2000 he was referred to Medical College Hospital at Kottayam. The patient got admitted there and took treatment till 11.02.2000. Thereafter, patient was referred back to the Opposite Party No. 1, but the re-admission was refused by Opposite Party No. 1. The patient was again re-admitted on 12.02.2000 to the Medical College Hospital, Kottayam. The condition of the patient started deteriorating therefore he was referred to Little Flower Hospital, Angamally wherein the diagnosis of Hemophilia-A was made. However, during treatment the patient succumbed due to Acute Respiratory Distress Syndrome (ARDS) on 01.03.2000. Being aggrieved the complainant (wife of the deceased patient) filed a complaint in the State Commission alleging deficiency in service and medical negligence of the Opposite Parties Nos. 1 and 2 for not diagnosing the bleeding disorder before the Tonsillectomy surgery.