STEPHEENA Vs. LILLY JOSEPH

JUDGEMENT

(1.) This order will decide the above detailed Revision Petitions, The RP 3257-3259 of 2010 were filed by opposite parties for dismissal of Complaint and another RP 2568/2012 was filed by the complainant, the patient Lily Joseph, for enhancement of compensation.

(2.) For the convenience, the parties are referred as designated in the complaint. The facts are taken from RP/3257/2010. The Complainant, Lily Joseph, a Laboratory Technician, underwent abdominal hysterectomy, which was performed by OP-1, Dr. Stepheena at OP-2 Hospital, Fathima Matha Mission Hospital on 02.04.2003. During operation, she suffered injury to the bladder which was noticed on 10th post-operative day when it was diagnosed as Vesico Vaginal Fistula (VVF). Thereafter, she remained in the hospital for 25 days for further treatment, the leaking of urine persisted, therefore, she approached OP-2 on 19.05.2003 for VVF repair. Thereafter, she underwent 2 major operations at Malabar Hospital, Kozhikode on 24.05.2003 and on 09.08.2003 but no avail. Hence, she took treatment at Kasturba Hospital at Manipal, Karnataka, where on 29.01.2003 she was operated again and was discharged. Hence, the complainant alleged medical negligence due to act of OPs , she was subjected for long treatment, she lost her profession, suffered mental agony and filed a complaint before the District Consumer Disputes Redressal Forum, Wayanand, Kerala (in short, 'District Forum').

(3.) The District Forum allowed the Complaint and directed the OPs to pay a sum of Rs.5,60,000/- as compensation, together with costs of Rs.5,000/-