SANJAY MUTHA Vs. JAYASHREE DESAI

JUDGEMENT

(1.) Shri Sanjay Mutha, together with his wife Smt. Rupa Mutha and daughter Sonal, has filed this Consumer Complaint in July, 2001. The matter arose out of the developments at OP-3/Laxmi Clinic on 19.7.1999. Complainant No.2/ Rupa Mutha had undergone a Fallopin Tube Test (hereinafter referred to as FTT) performed by OP-1/ Dr. Jayashree Desai assisted by the anaesthetist, Dr. Sampath Kumar/OP-2. This was in the background of the fact that the first child of the couple was born in March1988 and they were hoping to have a second child.

(2.) As per the complaint petition, the procedure was performed in the morning of 19.7.1999 at OP-3. While she was still in the operation theatre, her husband/Complainant No.1 was informed that Mrs Rupa had developed cardiac arrest. At about 11:30 A.M. she was shifted to Care Hospital Hyderabad, accompanied by OP-2/Dr. Sampth Kumar. Allegedly, she arrived at Care Hospital in comatose condition. She remained under treatment there till she was shifted to Chennai on 16.8.1999 for further treatment.

(3.) Now, Rupa Mutha, as per the Complaint Petition, lives in a vegetative state, unable to talk, move or think and is like a 'living corpse'. It is alleged that her present condition is on account of brain damage suffered due to hypoxia (inadequate supply of oxygen to the brain), which happened at OP-3 during the course of the Fallopian Tube Test performed by OP-1 and OP-2.