PRAGATHI HOSPITALS, NIZAMABAD Vs. KUMARI SHIRISHA MADHURI

JUDGEMENT

(1.) The three revision petitioners were arrayed as OPs-1,2 and 3 respectively, before the District Forum in the complaint filed by Kumari Shirisha Madhuri. The Complainant had listed there other doctors as OPs-4, 5 and 6. The order of the District Forum, Nizamabad dismissed the complaint against them and fixed the responsibility, jointly and severely, on OPs 1, 2 and 3 to pay a compensation of Rs.5 lakhs to the Complainant, with 9% interest from the date of the complaint. The appeal of OPs 1,2 and 3 in FA 37/2007 was dismissed by the AP State Consumer Disputes Redressal Commission with cost. The order of the State Commission is now challenged in the present proceedings by OPs 1,2 and 3.

(2.) Before the District Forum, the case of the Complainant was that her mother, Smt. Parvata Vardini was operated for hysterectomy in the OP-1 hospital on 28.4.1994. Her condition worsened when she developed abdominal swelling and respiratory problem. Allegedly, it was informed that a puncture wound was found in her intestine and leakage from it had to be removed. On 4.5.1994, another surgery was performed on her by OPs 3 to 6 but the patient died on the next day i.e. 5.5.1994.

(3.) On the other hand, the contention of the OPs was that on 2.5.1994 the patient complained of breathlessness. Her blood urea and serum creatinine were slightly above normal. On 3.5.1994 distension of abdomen was noticed and 4.5.1994 she was running temperature. Here, as per the written response of the OPs:-