R.G.V. REDDY Vs. SHAIK ANJAMAN

JUDGEMENT

(1.) The brief facts of the case are that in April 2009 the Complainant/Respondent's husband by name Shaik Mohammad Rafi aged 45 years who was having abdominal problem approached the Respondent/Petitioner herein for treatment. The petitioner prescribed some medicines and advised him for Ultrasound Scan. He prescribed some medicines again after seeing the scan Report. But, there was no relief to the patient, therefore the petitioner suggested surgical treatment. On 05.05.2009 the Laparoscopic Cholecystectomy was done with the help of senior Chief Surgeon and the senior anesthetist from RIMS who attended at the time of surgery. On 06.05.2009, the patient complained of difficulty in breathing and therefore he suggested the patient to go for a higher management center to Tirupati. Therefore, on 07.05.2009 as per the advice of petitioner for better treatment Complainant's husband went to Tirupati in OP No. 2 Hospital, but from there she was advised shift her husband (patient) immediately to CMC, Vellore and he was shifted to CMC (OP No. 3) on 08.05.2009 at 4.30 a.m. .After resuscitation the patient was shifted to Surgical Intensive Care Unit, injection Dopamine was given to bring up the blood pressure and intravenous fluids. Three operations were conducted by at CMC Hospital on 08.05.2009, 09.05.2009 and 04.06.2009 and the abdomen was washed. In the CMC Hospital, the patient underwent re-laperotomy on 09.05.2009 and perforation was reclosed with falcifarum ligament and once again abdominal cavity was washed with saline and multiple drains placed and the patient continued to be in a state of sepsis, developed seizures and continued to have sero-purulent discharge from his wound and all supports were given to maintain his B.P. Another laperotomy was conducted on 04/06/2009 which showed pus collection in the Pelvis and right Paro-colic Gutter, but despite of best treatment the patient died on 06.06.2009.

(2.) The complainant filed a complaint No.128/2009 before District Forum, Kadapa for negligence of the Respondent / Doctors and severe mental agony and prayed for compensation of Rs.14, 63,167/- including medical expenses and mental agony.

(3.) The District forum considering the oral and documentary evidence and by referring several authorities held OP1 and OP3 for negligence and directed the OP No 1 to pay Rs.56,000/- towards operation and other expenses and Rs.4 lakhs towards compensation for loss of dependency and Rs.5,000/- towards costs totaling to Rs.4,61,000/-. Further opposite party no.3 is directed to pay and amount of Rs.6,56,965/- towards operation, medicines and other expenditure. Case against opposite party no.2 is dismissed without costs.