SAJINI Vs. CHAYA NURSING HOME

JUDGEMENT

(1.) The appellant, Mrs. Sajini, was the complainant before the Karnataka State Consumer Disputes Redressal Commission, in a matter arising from the still-birth of her child in OP-1/ Chaya Nursing Home. Her complaint has been dismissed by the State Commission, which held that the allegation of negligence is not proved.

(2.) The appeal is filed with a delay of 39 days which, considering the explanation, has been condoned. Soon after institution of this appeal, the appellant/complainant herself passed away on 22.5.2006. Therefore, her husband, Mr.K.S. Prakash has been allowed to substitute her in these proceedings, as her legal heir. This has been done, after considering and disallowing the objections of the OPs. OP-2 / Dr. Uma Shashi Bhat, has also passed away, during the pendency of this appeal. The appeal has therefore, been allowed to abate to theextent of OP-2.

(3.) The case of the deceased complainant, before the State Commission, was that on 31.8.1994, she was admitted to OP-1 nursing home, when she had felt abdominal pain. On examination, it was found that the foetal heartbeat was not audible. Afterhelly scan it was confirmed that the baby had died in the womb. The request of her husband to immediately remove the dead foetus through caesarian Section was not considered. The dead foetus came out after two hours. It was followed by heavy bleeding. She had to be given several bottles of blood. As her condition worsened, her husband was advised to take her to a better hospital. Late in the evening on the same day, she was shifted to Mallige Nursing Home. Seven months later she developed hepatitis 'B' which was, it is alleged, caused by transfusion of untested blood at OP-2 Nursing Home. She was diagnosed to be suffering from Han's Syndrome which affected her speech andnervous control, leading to vegetable like state of existence. According to the complainant, had OP-2 diagnosedher condition in the initial stage itself, she would not have been spared the suffering and permanent disability.