PEDDI NARAYANA SWAMI Vs. KAMINENI HOSPITALS

JUDGEMENT

(1.) This common Order shall decide both the Appeals, which have been filed under Sec. 19 of the Consumer Protection Act, 1986. The F.A. No. 215 of 2011 filed by the Complainant - Peddy Narayan Swami for enhancement of compensation, whereas F.A. No. 278 of 2011 has been filed by the Managing Director, Kamineni Hospital challenging the Order dtd. 8/3/2011 passed by the State Consumer Disputes Redressal Commission, A.P. (hereinafter referred to as the "State Commission") in Consumer Complaint No. 55 of 2018.

(2.) Brief facts are drawn from F.A. No. 215/2011. On 4/12/2006, the Complainant's son Shivram Prasad (hereinafter referred to as the 'patient'), aged about 27 years sustained fracture of left leg (femur) due to fall. He took initial treatment in the local hospital at Vishakhapatnam and thereafter, on 6/12/2006, he was taken to Hyderabad and at 9 a.m., was admitted in Kamineni Hospital (hereinafter referred to as the 'Opposite Party No. 1'). There an Orthopedic Surgeon Dr. J.V.S. Vidyasagar ('Opposite Party No. 2') examined the patient. The investigation Arterial Blood Gas (ABG) revealed hypoxia. It was alleged that the patient was operated hurriedly on the next day (7/12/2006) without informed consent. Postoperatively the patient was kept on ventilator support. It was further alleged that the doctors and nurses did not attend him regularly despite pain and suffering. The treating doctors after 3 days informed the Complainant about good recovery of his son. On 12/12/2006, all of sudden at about 5 p.m., the doctors informed the Complainant about death of his son at 4 p.m. The Complainant further alleged that despite requests the Hospital did not issue entire medical record. Being aggrieved due to the negligent treatment and the deficient services of the Opposite Parties Nos. 1 and 2 causing death of his son, the Complainant filed the Consumer Complaint before the State Commission and prayed compensation of Rs.25.00 lakh plus Rs.25,000.00 as costs.

(3.) The Managing Director of the Hospital (Opposite Party No. 1) filed his reply and denied the negligence during the treatment of the patient. He submitted that due to the fall, the patient sustained fracture shaft left femur in Vishakhapatnam and initially on 4/12/2006 treated at local hospital and then he was shifted to the 'Opposite Party No. 1' Hospital at Hyderabad on 6/12/2006. The patient was operated by the Orthopedic Surgeon, Dr. J.V.S. Vidyasagar - 'Opposite Party No. 2' with due diligence and utmost care.