NEHA KUMARI Vs. APOLLO HOSPITALS

JUDGEMENT

(1.) In this complaint which pertains to alleged medical negligence by the opposite parties being the hospital and two doctors. There is a claim for Rs. 26,90,000/-. There are two complainants, daughter and father. Medical negligence is alleged qua Neha Kumari who at the time of filing the complaint is stated to be of 21 years of age.

(2.) This complaint was filed on 26.9.2000. Operation was performed on Neha Kumari in November, 1990. An objection has been raised that the complaint is barred by limitation.

(3.) Alleged complaint is that Neha Kumari, the first complainant had some problem in growth of her shoulders and for that she went to Apollo Hospitals, Chennai, opposite party No. 1 on 21.11.1990. Dr. R. Gopal Krishnan, opposite party No. 2 checked her and advised C.T. Scan of dorsal spine and lumber spine. After examining C.T. Scan both Dr. R. Gopal Krishnan, opposite party No. 2 and Dr. Reginold, opposite party No. 3 advised that operation had to be performed on the spinal canal of Neha Kumari. This operation was performed on 27.11.1990. Complainants alleged that in spite of the two doctors stating that the operation was successfully performed when it was not so and rather Neha Kumari developed more ailments and instead of getting better she developed paraplegia and lost urinating and stool sensation and control. This was brought to the notice of both the doctors and second complainant says that again an operation was performed on Neha Kumari on 2.12.1990 when he was not made aware of that and some papers were got signed from him. Neha Kumari was discharged from the Hospital on 12.3.1991 with advice to continue physiotherapy treatment. At the time when she was discharged there was no improvement to her lower region which remained senseless. Complainants were assured that after physiotherapy treatment Neha Kumari will be all right. Complainants say this physiotherapy treatment continued till 1998 when in the month of November, 1998 same ailment developed.