S GIRIJA Vs. A TULASI

JUDGEMENT

(1.) THIS First Appeal has been filed by Smt.S. Girija, complainant before the State Commission and Appellant herein being aggrieved by the order of the State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as the 'State Commission ') which although accepting her complaint of medical negligence awarded lesser compensation of Rs.1 lakh. Dr.A. Tulasi, opposite party before the State Commission, is Respondent herein. FACTS Appellant approached the Respondent/doctor with complaints of severe pains during her menstrual period. After examination, Respondent advised her to undergo an abdominal hysterectomy for removal of uterus. She accordingly got admitted in the nursing home for the said surgery and paid the Respondent a package fee of Rs.20,000/- which included the cost of the surgery, post-operative care as also expenditure on medicines. The surgery was conducted on 19.11.2000 and Respondent informed the Appellant 's spouse that the operation was successful. However, when the catheter was removed after 6 days of the surgery, it was noted that the urine kept on dripping and this fact was immediately brought to the notice of the Respondent. Appellant was thereafter referred to a Urology Specialist, Dr.Mohan Raju at Nellore on 24.11.2000 who after examining her opined that the urinary bladder had got punctured during the surgery and if the hole was minute it would have healed within a day or two. Since this problem continued, Dr.Mallikarjuna Rao, another urology specialist advised that Appellant be immediately shifted for surgery to Vijaya Hospital, Chennai. After preliminary tests there, a Cyptoscopy was conducted and the problem was diagnosed as Vasico Vaginal Fistula for which she was initially prescribed conservative treatment which included fixation of catheter-connected plastic bladders. The Appellant also consulted Dr.T.Gopal Rao, a Urologist in Hyderabad for a second opinion who opined that the Appellant 's urinary bladder had got punctured on account of negligence of the Respondent while suturing the upper portion of the vagina during the hysterectomy and a surgery to repair the Vasico Vaginal Fistula was recommended. On 08.02.2001, a team of doctors at Vijaya Hospital in Chennai conducted this surgery and she was discharged on 19.02.2001 after which she had to take full bed rest for about 3 months and also be under regular medical supervision for another six weeks. She was declared finally cured only on 10.12.2001. During this period, she had to depend on others for all her daily requirements and suffered mental agony and huge financial expenditure on account of the negligence of the Respondent while conducting the hysterectomy surgery and puncturing her urinary bladder. Appellant therefore, filed a complaint before the State Commission on grounds of medical negligence and requested that the Respondent be directed to pay her Rs.2,67,137/- towards medical treatment and incidental expenses, Rs.6 lakhs towards mental agony with interest @ 18% per annum from 16.02.2001 till realization. Respondent on being served filed a rejoinder denying that there was any medical negligence and stated that the problem occurred because the patient did not cooperate and on the 6th day removed the catheter against medical advice. It was further stated that the Appellant had already undergone two caesarean sections and during the surgery, Respondent found that the bladder was very much adherent to the uterus which often occurs because of caesarean sections. The complication that occurred during the surgery is known to occur in respect of patients who have undergone previous surgeries and it was not because of any medical negligence on the part of the Respondent. The State Commission after hearing the parties and examining the evidence filed before it allowed the complaint by observing as follows:

(2.) THE State Commission directed the Respondent to pay Rs.1 lakh towards medical expenses and compensation within a period of six weeks failing which the said sum shall carry interest @ 9% per annum till the date of payment. Rs.3,000/- was awarded as litigation cost. This order was accepted by the Respondent who did not file an Appeal. THE present First Appeal has been filed by the Appellant for enhancement of the compensation. Counsel for both parties made oral submissions. Counsel for Appellant stated that following the hysterectomy because of the admitted negligence of the Respondent, she had to consult a number of doctors, undergo a Cyptoscopy and then a major surgery and even thereafter she was bed-ridden and totally dependent on others which would justify enhancement of the compensation. THE expenditure incurred on medicines alone was Rs.2,67,0000/- for which evidence was filed.