THE MEDICAL DIRECTOR, AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE AND 2 ORS. Vs. UNNIKRISHNAN S/O VELAYDDHAN, CHULLIYL HOUSE, NENMANIKKARA VILLAGE AND DESAM, MUKUNDAPURAM, P.O. PUTHUKKADU

JUDGEMENT

(1.) The complainants, Shri Unnikrishnan and Smt. Sajitha, are the parents of Baby Midhila Krishnan, 9 years of age (since deceased referred herein as "patient") expired during operation for the correction of squint in her right eye at Amritha Institute of Medical Sciences/OP1. It was performed by a team of doctors/OPs 3 to 6 attached to OP1/Hospital. The complainants alleged that the death of their child was due to negligence caused during anesthesia administration, without taking any pre-operative precautions. No proper consent was taken. It was further alleged that the medical records relating to surgical procedure were manipulated. Therefore, the complainants filed a complaint before the District Forum, Ernakulam and claimed Rs.20 lakhs, as compensation.

(2.) The District Forum allowed the complaint and awarded a compensation of Rs.6 lakhs with interest @ 12% per annum from the date of the order, to be paid by OP No.7/New India Assurance Co. Ltd..

(3.) Aggrieved by the order of District Forum, the OPs filed first appeal before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (for short, 'the State Commission'). The State Commission dismissed the appeal.