DR. KALIGOUNDEN Vs. N. THANGAMUTHU

JUDGEMENT

(1.) These two petitions arise out of the order dated 11.7.2002 of the Tamil Nadu State Commission in Appeal Nos. 61/1999 and 171/2002. The relevant facts are as follows:

(2.) The respondent's wife, Smt. Tulsimani, aged 42, consulted the petitioner Dr. Kaligounden on 29.4.1996 for gynaecological problem of excessive bleeding. Dr. Kaligounden advised surgery for removal of uterus and admitted her in his hospital, Kovin Hospital, Erode in the morning of 30.4.1996 and operated on her in the evening on the same day and removed her uterus. Her stay in the hospital up to 4th May is said to be normal and uneventful. On 5th May she complained of vomiting and giddiness and Dr. Kaligunden requested Dr. Elango, a Physician to examine her. Dr. Elango who attended on her on 5th to 6th May, suspected Septicaemia and prescribed some antibiotics. As he wanted to make sure that her kidney functioning is normal, Dr. Kaligounden summoned Dr. Shanmugam, a Urologist to see her on 6th evening. As her condition still did not improve, Dr. Ramalingain, running the Kidney Centre, Erode, was contacted by Dr. Kaligounden on phone on 7th morning. On the advice of Dr. Ramalingam the patient was shifted immediately in an ambulance along with the nurse to the Kidney Centre. However, in the night of the 7th May the patient died at the Kidney Centre. The death certificate issued indicated the cause of the death as 'due to renal failure and Septicaemia.'

(3.) The husband of the deceased, N. Diangamuthu filed a complaint (O.P.No. 148/ 1996) before the District Forum. The same was dismissed for default on 11.3.1997. The complainant filed a restoration petition M.P. No.54/1997 before the District Forum and it was also dismissed on 19.3.1997. The complainant however filed a fresh complaint O.P. No.105/ 1997 before the Forum on 17.4.1997 without disclosing that his earlier complaint was dismissed for default. In the meanwhile he also filed an Appeal No.427/ 1997 before the State Commission. After he filed a fresh complaint before the District Forum his above appeal was dismissed as withdrawn on 25.1.1999.