VARADHA S NAIR Vs. REMANI N RAJAN

JUDGEMENT

(1.) -In this case the following questions require consideration on the basis of the evidence produced on record:

(2.) Complainant a healthy and active woman, participating in various social and cultural activities who is completely crippled and made invalid, has approached the Consumer Forum for redressal of her grievances because of alleged gross negligence in discharge of duties by the doctors. The complainant went to respondent No. 1, Dr. (Mrs) Remani N. Rajan (since deceased) at Vijaya Hospital (R-3), Ernakulam for a regular checkup. As per the prescription prepared by respondent No. 1, she was normal. However, she was advised Hysterectomy. Thereafter, on 15.7.1991, there was pre-anaesthetic checkup by the physician of respondent No. 3, (M/s. Vijaya Hospital). Unfortunately, complainant underwent Hysterectomy on 19.7.1991, which gave opportunity to respondent No. 1 Dr. (Mrs.) Remani N. Rajan and respondent No. 2, Dr. P. Sridharan Binu to play with her life. It is contended that while performing Hysterectomy, respondent No. 1 cut the small intestine accidentally. Deceased Dr. Rajan removed the uterus and one ovary, however, caused injury to intestine. Thereafter, respondent No. 2, Dr. P. Sridharan Binu, Surgeon, cut the rectum accidentally and thereafter used the stapler gun (which was imported by him) to staple the colon, even though that was not required. He also performed the operation for removal of appendix without obtaining consent. The damage caused to the complainant due to the operation was required to be repaired in another hospital where several corrective surgeries were performed on her. Till today, the complainant is in vegetative state. Facts as alleged by the complainant:

(3.) It is contended by the complainant in her examination-in-chief before the State Commission that in the year 1982 she had undergone an operation for Carcinoma rectum at Medical College, Calicut. Dr. Karthikeyan and Dr. Vinayachandran Nair were the doctors who operated and treated her at Calicut. The operation was cent-per-cent successful and she was absolutely normal. She was, thereafter, referred by them to Dr. Krishnan Nair of Trivandrum Medical College who had advised Chemotherapy for two-and-half-years, and further advised for followup for six months. She used to undergo checkup once in six months which consists of colonoscopy, endoscopy, if advised by Doctor and other tests like barium enemia, etc. at Calicut Medical College by Dr. Vinayachandran Nair. All these results were shown to Dr. Krishnan Nair at Trivandrum and Dr. Karthikeyan at Calicut. They opined that she was perfectly normal and she was only to follow checkup.