RANGANNAGARI YADAV REDDY Vs. VIJAYA KUMARI

JUDGEMENT

(1.) The complainant's wife late Smt. Anuradha, who gave birth to three issues, was under antenatal care and treatment of the first opposite party during her third pregnancy. Till her death she was hale and healthy. Right from the time of her conception third time she was consulting the first opposite party. On completion of her full term pregnancy, she got the labour pains around 7.00 p. m. on 16.8.1992 and was taken to the first opposite party's hospital. It was at 10.12 p. m. when she reached the hospital. Around 11.49 p. m. she delivered a male child and the delivery was normal. The first opposite party thereafter retired into her residence which is annexed to the clinic and returned at 00.10 hours. When she returned she appeared drunk and was holding a liquor bottle in her hands and gulped the remaining liquor in the bottle after she entered the labour room. She threw the bottle on the floor and then enquired the lady nurse whether the patient delivered placenta. When the answer was in the negative the doctor remarked how long should I stay for this bitch. She thereafter waited for a couple of minutes and started making premature attempt to expel the placenta even before it was separated. In spite of the patient's mother requesting her to wait for some time for spontaneous delivery of placenta she abused her mother and asked her to get out. The elder sister of the patient was still there. When she too requested the doctor to allow some time she too was asked to get out. Within few minutes they heard wild cry of the patient "i am dying". Immediately the mother and sister of the patient peeped into the labour room and observed that the doctor was trying to pull out the unseparated placenta manually. They also saw the patient lying unconscious. After a few minutes the opposite party came out of the room and asked them to arrange a jeep to take the patient immediately to Gandhi Hospital at Secunderabad. Co-brother of the complainant by name Narsimha Reddy a para medical assistant working in CDR Hospital, Hyderabad came and asked the opposite party as to what has happened. He checked the pulse and heart beat of the patient and expressed that she is no more. The opposite party pretended to examine the patient for a while and said Alas, she died. All this happened since the opposite party being intoxicant, feeling restless wanted to go to bed and, therefore, made premature attempt to separate placenta without even waiting even for half an hour for spontaneous delivery. This has resulted in irregular uterin contractions leading to haemorrhage. As such the husband of the complainant filed the complaint claiming a compensation, of Us.10.00 lakhs.

(2.) In the counter-affidavit filed by the 1st opposite party she denied that she was negligent or careless. She states that Smt. Anuradha was admitted in Vijaya Hospital. There was normal vazinal delivery as well as spontaneous delivery of placenta. Thereafter the patient being very weak developed uterin haemorrhage. As blood was not available at Gajwel the opposite party directed them to go to Gandhi Hospital, Secunderabad. In fact even before admission also she suggested her to go to Gandhi Hospital, Secunderabad. The patient was shifted into the jeep when she was alive. At that time, the mother and the husband of Anuradha were present. They promised to pay her delivery charges and cost of medicines after returning from Gandhi Hospital. She does not know what has happened thereafter. But after one month the complainant came with a band of goondas and threatened her to write the case sheet and also the death certificate that the death occurred in her hospital. Out of fear she has written the case sheet in their presence. It is also stated in the counter that one Dr. V. Yadava Reddy is responsible for filing this complaint with false allegations to harass her.

(3.) The complainant filed three or four documents which include the case sheet, death certificate issued by Sarpanch and also another certificate that the death was not recorded.