K. DASHARATHAM Vs. DR. HEMA RAGHU CHITNENI

JUDGEMENT

(1.) The present First Appeal has been filed against the Order dated 30.12.2013 in Complaint No. 64 of 2011, wherein the Andhra Pradesh State Consumer Disputes Redressal Forum, Hyderabad, (hereinafter referred to as the "State Commission") dismissed the Complaint of alleged medical negligence solely on the basis of expert Committee report.

(2.) For convenience, the Parties are being referred as to the positions they held in the State Commission. Appellants would be referred as Complainants and the Respondents would be referred as Opposite Parties.

(3.) Briefly the facts are that Smt. Sudhamala (since deceased hereinafter referred as the 'patient') underwent hysterectomy operation on 12.06.2009. It was performed under spinal anesthesia by Dr. Hema Raghu Chitneni (the Opposite Party No. 1) at Nitya Sai Emergency and Maternity Hospital (the Opposite Party No. 3). The Opposite Party No. 2, Dr. Santosh Patil, an Anesthetist gave fitness for the surgery. It was alleged that after one hour of commencement of the operation, the Opposite Party No. 1 came out of the operation theatre and informed that, the patient developed heavy bleeding and cardiac arrest. Therefore, the patient was shifted to Apollo Research Hospital, Karimnagar for ventilator support and better facilities. The doctors therein informed that the patient was already brain dead. However, in spite of ventilator support and Cardio-Pulmonary Resuscitation (CPR), the condition of patient did not improve and she died in the early morning on 13.06.2009. In the Death Certificate the cause of death was stated as "post abdominal hysterectomy leading to sudden cardio pulmonary arrest with multiple organ failure". Being aggrieved by the alleged negligence and deficient operating skills of the treating doctors, which led to heavy bleeding and death of patient, the Complainants filed a Complaint before the State Commission.