SUN- RISE HOSPITAL Vs. P.K. MENON

JUDGEMENT

(1.) The Hospital and its Managing Director Dr. Hafees Rahman Padayath, the surgeon, who performed the surgery, have come up in appeal assailing the order dtd. 31/10/2018 of the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (hereinafter referred to as the State Commission), wherein, finding negligence against the appellants for the death of Mrs. Vinitha Naveen on whom surgery was performed, the State Commission has imposed a compensation of Rs.33,16,000.00 with interest @ 8% and costs of Rs.1,00,000.00. The appellant no.2/Doctor has also been called upon to pay a sum of Rs.5,00,000.00 as compensation out of the amount awarded and the hospital has been directed to pay the rest of the awarded compensation.

(2.) The entire event of the alleged medical negligence is spread over between 28/5/2010 till 31/5/2010. The surgery was for a complaint for removal of Ovarian Cysts and adinomiosis of the uterus which late Mrs. Vinitha Naveen was advised to undergo through a laparoscopic operation. The appellant no.2 is the surgeon who conducted the surgery on 28/5/2010 in his hospital (the appellant no.1). According to the respondents/complainants, the deceased faced complications of breathlessness, chest pain and other symptoms post-surgery that were not properly attended to as a result of which her difficulties continued and then her condition deteriorated from 29/5/2010 onwards up-to 31/5/2010 when ultimately she was treated but by that time it was too late and she suffered a severe stroke of pulmonary embolism resulting in her death on 31/5/2010/1/6/2010 at about midnight.

(3.) The complaint was filed alleging that inspite of the patient witnessing chest pain, breathlessness, fatigue, respiratory and cardiac problems post-surgery, was neither diagnosed nor properly treated or attended to that resulted in an expected possibility of pulmonary embolism. The said status of the patient required an aggressive treatment but lack of reasonable and standard skill and care by the appellants/opposite parties resulted in her untimely death. A legal notice was issued to the appellants where-after the complaint was filed and the appellants filed a joint written version and then also led expert evidence.