PHILIPS THOMAS Vs. DEEN HOSPITAL

JUDGEMENT

(1.) This Order shall decide both the First Appeals arising from the impugned Order dtd. 4/2/2013 passed by the State Consumer Disputes Redressal Commission, Kerala (hereinafter referred to as the "State Commission") in Consumer Complaint No. 2/2008, wherein the State Commission allowed the Complaint and held the Opposite Parties Nos. 1 to 3 negligent and awarded the total compensation sum of Rs.7,00,000.00 out of which Rs.3,00,000.00 should be deposited in the name of minor children of Complainant No. 1 along with a cost of Rs.10,000.00.

(2.) For the convenience, the parties are referred to be as in the Complaint before the State Commission. Deen Hospital, Punalur (OP-1), Dr. R.V. Ashokan, the proprietor (OP-2), Dr. A. Balachandran (OP-3), Dr. Vinu Balakrishnan (OP-4) and Dr. Laila Ashokan (OP-5). OP3 to 5 were working at OP-1.

(3.) The issue involves an alleged case of medical negligence concerning Mini Philip (since deceased) a 37 years old patient who underwent laparoscopic sterilization at Deen Hospital, Punalur (OP-1) on 25/9/2006. The surgery was expected to be completed within half an hour, but it took longer than scheduled due to respiratory problems. The patient was later transferred to Poyanil Hospital and then to Ananthapuri Hospital, Thiruvananthapuram. Unfortunately, she was pronounced dead at around 5-5:30 pm the following day.