T. BALAKRISHNAN Vs. S. P. FORT HOSPITAL

JUDGEMENT

(1.) The present First Appeal is filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") against the impugned Order dtd. 20/3/2010 passed by the Kerala State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in Original Petition No. 05/2005 whereby the Complaint was dismissed.

(2.) For the convenience, the Parties would be referred to the positions they held in the Original Petition No. 05/2005. Appellants would be referred as Complainants and the Respondents would be referred as Opposite Parties.

(3.) The brief facts of the case are that Sudha Kumari (since deceased, hereinafter referred to as the "patient"), wife of T. Balakrishnan - Complainant No. 1 during her pregnancy in 2004, consulted Dr. Santhamma Mathew (hereinafter referred to as the "Opposite Party No. 3") at S.P. Fort Hospital (hereinafter referred to as the "Opposite Party No. 1"). The patient developed breathing problems at 4 th month of pregnancy; it was reported to the Opposite Party No. 3. The couple expressed their desire for sterilization operation after the delivery and the Opposite Party No. 3 advised for the Post-Partum Sterilization (PPS) through laparoscopy, a minor and safe procedure. The patient was admitted to S. P. Hospital for delivery on 27/5/2004 and on next day, she delivered a female baby. After delivery, the patient developed severe chest infection; therefore, on 29/5/2004 the laparoscopic sterilization was not performed, but it was performed on 31/5/2004. It was alleged that after the laparoscopic procedure, the patient was brought to the post-operative ward at about 9.15 AM on 1/6/2004 and thereafter, the on duty nurse informed the patient's husband that the patient had died. It was alleged that the death was declared after preparing the treatment records in their own way. Death was due to the negligence on the part of the Opposite Parties Nos. 3 and 4 in conducting the laparoscopic sterilization in a causal manner. The matter was reported to the police and crime No. 298/04 of Fort Police Station was registered. Inquest and Postmortem (PM) was conducted. The cause of death reported by the Professor and Police Surgeon of the Medical College was due to bronchopneumonia. Being aggrieved by the death due to alleged negligence of the hospital and treating doctors, the Complainant's husband and his two daughters filed a Consumer Complaint before the State Commission, Chennai praying for compensation of Rs.75.00 lakhs.