LAWS(NCD)-2004-11-71

M SRINIVAS Vs. RAMA THULASI

Decided On November 02, 2004
M. SRINIVAS Appellant
V/S
RAMA THULASI Respondents

JUDGEMENT

(1.) This appeal arises out of the order dated 11th October, 2002 of the Andhra Pradesh State Commission dismissing the Complaint No. 125/96 of the petitioner-appellant wherein Mr. M. Srinivas alleged medical negligence against the opposite party-respondent No. 1, Dr. Rama Thulasi.

(2.) Brief facts of the case are as follows: The wife of the complainant was consulting Dr. Rama Thulasi, a Gynaecologist and a family doctor during her second pregnancy. She started going to the doctor from 10.12.1995 onwards when she was in the second month of pregnancy. The treatment was uneventful till 5.6.1996. The last consultation she had prior to 5.6.1996 was on 20.5.1996. It is the allegation of the complainant that his wife approached the doctor on 5.6.1996 with the complaint of vomiting, low appetite and uneasiness and that she was unable to pass urine. It is alleged that without properly paying any attention to the complaint of the patient, the doctor in a casual manner advised her to continue the medicines prescribed earlier. It is further alleged that the patient saw the doctor on 10.6.196 when she again complained of vomiting tendency, low appetite and urine problem. It is argued by the appellant that these symptoms are basic symptoms of jaundice. The doctor, however, without conducting any urine test, prescribed some antibiotics.

(3.) The patient was admitted in a Nursing Home of O.P. No. 1 on 15th night at 10.30 p.m. and the caesarian operation was performed at 1.00 p.m. on 16.6.1996. A baby girl was delivered. As a prior procedure for the caesarian operation, urine was required to be removed from the bladder and it is only at that time that the doctor noticed that urine was yellow and suggestive of jaundice. But by the time it was too late and the patient had to be shifted to a better equipped hospital in the nearby city of Vijayawada on 18.6.1996 at 4.00 p.m. In spite of attempts made by the doctor at Vijayawada, the patient expired in the early hours of the next day i.e., at 2.00 a.m. on 19.6.1996. With these complaints, the petitioner approached the Andhra Pradesh State Commission alleging negligence on the part of the doctor and claiming compensation of Rs. 20 lakhs. The main arguments were that doctor failed to diagnose jaundice and that she performed an unnecessary caesarian operation.