CLINIC NALLAM Vs. A. HELEN VICTORIA

JUDGEMENT

(1.) The Appellant filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act'), against the Order dtd. 20/4/2012 passed by the State Consumer Disputes Redressal Commission, Puducherry (hereinafter referred to as the 'State Commission') in Consumer Complaint No. 2 of 2004, wherein the State Commission partly allowed the Complaint filed by the Complainant.

(2.) For the sake of Convenience, the parties in the present matter being referred to as position held in Consumer Complaint before the State Commission. Smt A. Helen Victoria is identified as the Complainant or the Patient (Respondent No. 1 herein). While M/s. Clinic Nallam, a private nursing home identified as Opposite Party-1 (Appellant No. 1 herein) Dr. V. Nallam is referred to as OP-2 (Appellant No. 2 herein) and Dr. Sreeramamurthy is identified as OP-3 (Respondent No. 2 herein).

(3.) The facts of the case as per the Complainant are that on 24/6/1991, the complainant underwent an abdominal hysterectomy at the OP-1 nursing home in Pondicherry, performed by Dr. V. Nallam (OP-2) and Asst. Surgeon Dr. Sreeramamurthy (OP-3). The histopathology report indicated 'Chronic Cervicitis'. Following the surgery, the Complainant experienced symptoms of giddiness and shivering, leading to her admission to the Intensive Care Unit on 17/7/1991. A provisional diagnosis suggested 'Urinary Tract Infection', for which the OPs provided treatment, and the complainant was discharged. OP-3 conducted dressings for the surgery wounds, sometimes even at the complainant's residence. On one occasion, OP-3 observed exposed unhealed wounds, treated the complainant, and prescribed medications 'proxyvon' for stomach-ache and other medicines for her headache. Despite continued treatments, her health deteriorated and she could not do her day-to-day home activities and more so, she became dependent upon her family for everything. During 1994, she developed severe headaches and consulted Dr. Srinivasan, an ophthalmologist in Pondicherry, who prescribed power glasses that temporarily relieved her headache, while she continued taking proxyvon, as advised by OP-3, for stomach pain. Her deteriorating health caused significant distress in the family and her husband suffered massive heart attack on 22/9/1995. Overwhelmed with worry, she also suffered chest pain on 23/9/1995, leading to her admission to ICU after suffering a mild heart attack.