V PUSPHAMALA Vs. K GANGADHARAN

JUDGEMENT

(1.) In OP No. 230 of 1998, the Tamil Nadu State Consumer Disputes Redressal Commission, had allowed the complaint of one Mr. K. Gangadharan and his minor son, against Dr. P. Pushpamala and Balaji Hospital of Chingelpet. The present appeal is filed on behalf of these two OPs. While admitting the appeal, this Commission had stayed the operation of the impugned order subject to deposit of 50% of the award amount with the State Commission.

(2.) The facts in the case in brief are that the 28 year old wife of Complainant Gangadharan was taken to OP Hospital on 14.7.1998, with sudden complaint of throbbing headache, fever, rigors and vomiting. She was admitted and her blood sample was sent for testing, as she was suspected to be suffering from malaria. The Complainant alleges that he was told that his wife was suffering from malaria. A routine blood test was also done for jaundice. She was simultaneously put on treatment for malaria. When she was administered a course of Clockit tablets, she developed rashes on her body, bloating of stomach and premature menstruation. As there was no doctor to attend to her worsening condition, the Complainant called the duty doctor from his residence. When the doctor came, he informed that the patient had died. Allegedly, the death was due to administration of Clockit tablets without testing whether the patient was allergic to the same.

(3.) In a nutshell the case of the Complainant is that-