C PRATAP REDDY Vs. C JAYPAL REDDY

JUDGEMENT

(1.) These revision petitions arise out of single order of State Commission; hence, decided by common order.

(2.) R.P. No. 4135 of 2012 C. Pratap Reddy & Anr. Vs. C. Jaypal Reddy & Ors. has been filed by OP and R.P. No. 693 of 2013 C. Jaya Pal Reddy Vs. C. Pratap Reddy & Ors. has been filed by complainant against order dated 23.5.2012 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 1214 of 2009 by which, while allowing appeal order of District Forum dismissing complaint was set aside and compensation of Rs.1,00,000/- was awarded.

(3.) Brief facts of the case are that complainant's father Y.A. Chenna Reddy met with road accident on 7.1.2003 and was admitted in the OP No. 1 Hospital for treatment of fracture of the left femur and colles fracture of the left wrist which also caused acute chronic renal failure. Since the time of the accident he was advised to go on haemodialysis. The patient had undergone peritoneal dialysis in Apollo Hospital. On 10.5.2004 the deceased Chenna Reddy had fallen resulting in head injury. After subjecting him to CT scan it was informed that the deceased was suffering with intra-cerebral bleed with small bleed subarkhnold and subdural space. He was shifted to ICU and was discharged on 22.5.2004 and again he was admitted in the hospital on 28.5.2004. While at ICU he developed bedsore due to negligence of nursing staff of ICU. On 2.6.2004 at 6.00 a.m. the patient was checked by both the duty nurse and also by the duty doctor Dr. Sharmila and informed that the patient was normal. Dr. Sharmila had called Dr. Kailash to check the patient who also declared the patient to be normal and declared that the patient does not require oxygen. In the intervening period of stopping the Oxygen and waiting for the saturation machine, the patient could not receive oxygen as the oxygen mask was not removed and the patient collapsed. When Dr. Sharmila entered the room with the saturation machine, the patient collapsed and Dr. Prabhakar Sastry had declared "Code Blue". Immediately a ventilator was given and the patient was shifted to ICU unit around 8 a.m. At about8.45 a.m. Dr. Sharmila had come on to the ICU and informed the appellant that the patient was normal on the ventilator. By collusion, the hospital doctors and other staff of IVCU prepared progress sheet no. 11 & 12 and the death summary. The case sheet was fabricated. Alleging deficiency on the part of O Ps, complainant filed complaint before District Forum.