NALINI Vs. CHIEF CARDIAC SURGEON MANIPAL HOSPITAL

JUDGEMENT

(1.) This appeal arises out of judgement and order rendered by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'the State Commission') in complaint case no. 1215 / 2001. By the impugned order, the complaint came to be dismissed.

(2.) Being aggrieved by the dismissal of her complaint, the original complainant has preferred this appeal. She is wife of deceased Gunasegaran, who allegedly died during course of surgical treatment in the hospital of respondents, namely, Manipal Hospital, Bangalore.

(3.) Briefly stated, the case of the appellant before the State Commission was that her husband Gunasegaran, aged about 58 years was employee of Hindustan Aeronautics Limited (HAL), Bangalore. He was suffering from unstable angina and diabetes mellitus. He was being treated for coronary heart disease for period between 29.05.2001 to 05.06.2001 in the HAL's Hospital. He was referred by the HAL Hospital to Manipal Hospital on 5.06.2001. Though, there was no emergency yet he was operated on 13.06.2001. The bypass grafting of two valves was done during course of the said operation. The grafting had failed due to coronary spasm. On the same day, for second time he was subjected to another operation without his or relative's consent. He was operated for the third time on the next day, i. e. , 14.06.2001 and was kept in ITU without closing the chest for about 12 hours. He was moved to operation theatre on 15.06.2001 for alleged removal of blood clot without taking consent of the patient or his relatives. In the course of surgical procedure, it was ultimately found that there was low cardiac output due to acute renal failure. Though dialysis procedure was used yet on 17.06.2001, Gunasegaran died on account of renal failure.