A. JAYALAXMI Vs. AYUSH HOSPITAL

JUDGEMENT

(1.) The present Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short 'the Act') by A. Jayalaxmi and 2 Ors. (hereinafter to be referred as the 'Complainants') against Ayush Hospital and Ors. (hereinafter to be referred as the 'Opposite Parties') seeking compensation amounting to Rs.1,01,00,000.00 for medical negligence and deficiency in service on the part of the Opposite Parties.

(2.) Mr. A.L.N. Rao (since deceased, hereinafter to be referred as, the 'patient'), about 61 years old, fell unconscious and was taken to Amit Hospital (in short, the 'OP-3') on 13/6/2010. Initially the doctors treated him for Malaria even though no symptoms of malaria and blood test were negative. Since, there was no improvement, on the next day, (14/6/2010) patient was admitted to Ayush Hospital (in short, the OP-1') at Bhubaneswar. There, he was kept under Dr. Samir Misra (OP-2) who advised for MRI of Brain. However, the MRI Machine in the Hospital was not working, therefore it was done at Aditya Care Hospital.

(3.) The MRI revealed 'Brain Infarct' and accordingly, the OP-2 started the treatment, assuring the Complainants from time to time for a quick recovery of the patient. However, the treatment for malaria was also continued by OP-2. On 27/6/2010, all of a sudden, the patient was declared dead and antecedent cause of death was 'CVA with (LT) MCA INFARCT, ARF'.