D G AKKA Vs. SARVOTTAM RAO

JUDGEMENT

(1.) The complainant has filed this complaint for a direction to the opposite party (for short the "o. P. ") to pay a compensation of Rs.10,00,000 for the death of his wife alleging negligence against the O. P. in the discharge of his duties as a Doctor.

(2.) The facts in this case are as follows: the wife of the complainant (for short, the "patient") has consulted one Dr. Mahadevi Malkreddy on 31.10.2001 on the complaint of "low Back Pain". At that time, there was a swelling below the umbilicus of the patient. It was diagnosed as "ovarian Cyst" on the basis of the report of ultrasound abdomen. With this complaint, the patient consulted the O. P. on 5.11.2001, who is a Gynaecologist at the M. R. Medical College, Gulbarga. The O. P. on examination advised the patient to undergo operation for "abdominal Hysterectomy and removal of Ovarian Cyst". Accordingly the patient was admitted to the Hospital on 5.11.2001 and underwent an operation on 6.11.2001. The complainant has stated that the operation went on for about 45 minutes under spinal anaesthesia without complications. It is further stated that after two days of the operation the patient complained of pain in abdomen and breathlessness and her body was cold. This was brought to the notice of the O. P.

(3.) The O. P. on examination found that the patient has Gastritis and will subside by itself gradually, without taking much care to subside the pain in the abdomen. The son of the patient is also a Doctor with MBBS decree and he was with the patient. The main grievance of the complainant is that the O. P. left the station without information and without arranging alternative Doctor to attend the patient in his hospital. Since the patient complained terrible pain, she was shifted to Basaveshwara Teaching and General Hospital, Gulbarga, at about 6.00 p. m. on 9.11.2001. The said hospital diagnosed the case as "post Operative Septicemia Shock" and there was foul smelling vaginal discharge and the same was brought to the notice of the O. P. on 11.11.2001. Subsequently, the patient was shifted to Apollo Hospital at Hyderabad on 14.11.2001. In the said Hospital, puss was removed. Ultimately, the patient died on 17.11.2001. After the death of the patient, the complainant has filed this complaint.