I. RATNAMALA Vs. IMAGE HOSPITALS

JUDGEMENT

(1.) This First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), is filed by the wife, son and mother of late Sh. I.J. Divakar, (for short "the Deceased"), questioning the correctness and legality of order dated 08.07.2008 passed by the Andhra Pradesh State Consumer Dispsutes Redressal Commission (for short "the State Commission"), whereby their complaint, being CD No. 38 of 2004, alleging medical negligence on the part of the Respondents in treating the Deceased, has been dismissed.

(2.) The background facts, leading to this appeal, as pleaded in the complaint, are as follows:

(3.) Alleging negligence on the part of the Respondents in not having surgical standby when the Deceased was being taken for PTCA and Respondent No. 2 having conducted PTCA, which was not recommended in such cases and caused perforation in the blood vessel by the guidewire due to his inexperience and further there was delay of more than six hours in conducting CABG, because of non-availability of a Cardiac Anaesthetist and Cardiac Surgeon, the Appellants filed complaint, inter alia, praying for a compensation of Rs. 34,30,000/- towards medical expenses incurred in the hospital; loss of future earnings of the Deceased; pension, pain and sufferings, etc.