APOLLO EMERGENCY HOSPITAL Vs. BOMMAKANTI SAI KRISHNA

JUDGEMENT

(1.) The Apollo Emergency Hospital, Hyderabad has filed two identical revision petitions No.3698 and 3699 of 2012. Both are against FA Nos.644 of 2010 and 862 of 2011 decided by the AP State Consumer Disputes Redressal Commission, decided in a common impugned order.

(2.) The matter arose out of a consumer complaint filed by Dr.Bommakanti Sai Krishna (hereinafter referred to as Dr. BSK) alleging negligence in his treatment at OP hospital. The Complainant had fractured his hip which was fixed at OP hospital by the concerned doctors with screws. On 12.1.2004 he came to the hospital for removal of his screws for which an operation was performed under the supervision of an anaesthetist. It is alleged that he was not properly attended to by the duty doctors and nurses. Therefore, his condition worsened and on 14.1.2004 he was shifted to the ICU in critical condition. The Complainant allegedly, suffered septicaemic shock and multiple organ failure, due to negligence of the doctors at OP hospital. On 16.1.2004, he was shifted by the OP to Apollo Hospital Jubilee Hill where he remained under very expensive treatment till his discharge on 15.2.2004. Considering the high expenditure on his treatment, loss of medical practice of himself (an orthopaedic surgeon) and his wife (a practising Gynaecologist) and the suffering undergone by him, total compensation of Rs.15.25 lakhs was claimed.

(3.) The District Forum held that it was a clear case of deficiency of service and negligence on the part of the OP and its doctors, which were the cause for the infection, bed sores and resultant discomfort and suffering undergone by the Complainant. The District Forum allowed the complaint with compensation of Rs. 5 lakhs and cost of Rs.10,000/-. The award of the District Forum was challenged by both parties in two appeals, as already noted.