S KISHAN RAO Vs. SUDHA NURSING HOME

JUDGEMENT

(1.) The first complainant is the husband, while the complainants 2 to 5 are the children of late Kamalamma and first complainant.

(2.) Late Kamalamma hereinafter called 'the deceased' complained of chest pain and she was taken to the first opposite party nursing home belonging to the opposite parties 2 and 3 on 7.7.1991. After initial diagnosis by the opposite parties 2 and 3 who are wife and husband respectively on 9.7.1991 the disease is diagnosed by them as "benign Cystic of Breast". Both the doctors have advised her to undergo an operation and assured early recovery. Accordingly on 9.7.1991 her right breast was operated after procuring report of the pathologist Dr. B. Narayan Rao. After treating her for about one week in their hospital they have discharged her assuring that everything would be normal.

(3.) However to the utter surprise of the complainants the deceased developed a lump in about 5 to 6 months in the right breast again on account of the defective operation conducted by the opposite parties 2 and 3 on 9.7.1991. After conducting investigations they advised her to undergo second operation after procuring the report dated 5.1.1992 of pathologist Dr. B. Narayan Rao. In good faith the first complainant and the deceased have consented for the same and accordingly the second operation of the right breast of the deceased was conducted on 5.1.1992 removing the lump and gave further treatment. But soon thereafter another lump developed in the same breast by the third week of January, 1992. When consulted the opposite parties gave further treatment but finally referred the patient to Dr. Krishna Kumar on 28.1.1992 requesting him to take up the case for Radio Therapy. As the general condition of the deceased was deteriorating day by day on account of the negligent and inefficient treatment of the opposite parties 2 and 3 the complainants suspected that they have suppressed the real facts. When the patient was taken to Dr. S. Chandra Sekhar Rao during the first week of March, 1992 she was referred to Dr. Pratap Reddy of Bi Bi General Hospital and Cancer Centre, Malakpet where she was admitted on 8.3.1992 under critical condition and two days latter i. e. , on 11.3.1992 she breathed her last.