B ANTHONY RAJ Vs. THOMAS HOSPITAL

JUDGEMENT

(1.) APPELLANT was the complainant before the State Commission, where he had filed a complaint alleging medical negligence on the part of the respondents.

(2.) VERY briefly the facts of the present case are that the wife of appellant No. 1 had pain in the stomach for which she was taken to the first respondent, who after diagnosis stated it to be a case of acute appendicitis. Hence a surgery was directed to be done. It is the case of the appellant-complainants that at the time of surgery on 15.10.1993, proper doses of anaesthesia was not administered and that is why during the surgery she woke up and then she was given an overdose of anaesthesia without testing her suitability, as a result of which she had a respiratory arrest for four minutes during the operation. Immediately after this, she was removed to the second respondent-hospital, where she finally died on 22.10.1993. Thus alleging medical negligence on the part of the respondents a complaint was filed, which was contested by the respondent-opposite parties.

(3.) 1 have heard learned Counsel for both the parties and perused the material on record. The learned Counsel appearing for the appellant relies upon the documents issued by the second respondent-Vijaya Hospital, which stated "she had respiratory and cardiac arrest following IV Calmpose" and had also observed that "Cardiac arrest on the end of spinal anaesthesia for appendectomy". According to him, the specific allegation was made by the appellant-complainants in para-17, which reads as under: