CDR HOSPITALS Vs. NIRMALA MANASEH

JUDGEMENT

(1.) This First Appeal has been filed by the respondent/appellant- M/s. CDR Hospitals & Ors. against the order of the State Commission, Andhra Pradesh through which the complainant/respondent - Smt. Nirmala Manaseh has been awarded a compensation of Rs. 30,000/- with interest of 12% p.a. from the date of the complaint and costs of Rs. 2,000/- finding negligence on the part of the respondent/appellants 1 and 2.

(2.) Briefly the facts are that the complainant/respondent- Smt. Nirmala fell from scooter on 26.10.1989 and suffered minor injuries on the right eyelids and cheek bone and on the upper lip. She was rushed to the nearest Hospital where she was given first aid and was advised to go to a physician. On the same day at about 6.30 p.m. she went to the appellant's Hospital. The allegation is that the nurse, Ms. Shobha Rani while cleaning the wounds with saline ampule broke the ampule carelessly and the broken glass pieces of the ampule got embedded in the complainant's face and neck. The second allegation was that on 28.10.1989 while cleaning the complainant's wound on the face, the Resident Medical Doctor (appellant No. 2) applied first a yellow solution and then a white solution. The latter's application resulted in severe burning which according to the complainant/respondent was 'spirit' instead of saline which should have been used for cleaning of wounds. Next morning, blisters appeared on the face where there was no accident wounds.

(3.) The appellants rebutted that allegations and stated that there was no case of breaking of ampule by the nurse and appearance of blisters were attributed to allergy. After detailed examination of material on record and affidavits filed by both the parties, the State Commission came to the conclusion that there was clear case of medical negligence which resulted in blisters on the face of complainant/respondent-Mrs. Nirmala, basing its decision on the opinion given by Dr. I. Chandra Shekhar, that Ms. Nirmala was not allergic to savlon, meaning thereby, that the blisters on the face of Ms. Nirmala could not have been on account of any allergic reaction as is made out by the respondent/appellant. As a result of which the State Commission awarded Rs. 30,000/- as compensation and costs of Rs. 2,000/- based on loss of income on the part of Ms. Nirmala for about six months, when she had to go to other Hospital and get plastic surgery done bringing her back to near normal. The main ground of appeal advanced by the learned Counsel for the appellant is that there was no negligence on the part of his clients and the opinion of Dr. I Chandra Shekhar relied upon by the State Commission to base its order is not maintainable as the same Doctor conducted the test on left arm and not on the face.