HARIHARAN Vs. CHANDRA DAS

JUDGEMENT

(1.) THIS order shall decide above mentioned four first appeals. The facts are taken from first appeal No. 391 of 2010. The parties are placed in their respective positions as in the original complaint that Mrs. Chandra Das as a Complainant , M/s Chennai Willingdon Corporate Foundation is opposite party No. 1, Dr. Krishna Rao is opposite party No. 2, Vijay Health Centre is opposite party No. 3, Dr. Hariharan is opposite party No. 4 and Professor N. Rangabashyam is opposite party No. 5.

(2.) THE brief facts are that the complainant, Mrs. Chandra Das, (hereinafter referred as 'the patient') took treatment from opposite parties at different stages. On 30.9.1995, the OP -2 performed operation of patient at OP 1/hospital, it was laparoscopic adhesiolysis. During this operation, small intestine was punctured, which was not noticed by OP 2, therefore, on 2.10.1995, OP -2 performed laparotomy, corrected the leak by re -suturing, but no avail. Subsequently, the patient developed severe infection, discharge from abdominal cavity, but OP 2 did not attend. The patient was discharged on 8.10.1995, then taken to Vijaya Health Centre - OP 3, for further treatment. There, from 14th - 21st October, 1995 the OP -4 Dr.Hariharan, treated her, made 9 interventions to control the discharge, but the condition of complainant further deteriorated. The patient remained in OP 3/hospital for almost three months. In the mean time, the patient was sent to Dr. Bhooshanam, at Christian medical College Hospital, Vellore, (hereinafter referred as CMC Hospital), which resulted in vain. Since Dr.Bhooshanam wanted to study the patient's aliments, taking a month's time, therefore, the patient came back to OP -3 hospital, then she was discharged from OP 3/Hospital on 30.1.1996, who in turn, returned to Madras and got admitted in Ramana Surgical Clinic, Madras, on 7.2.1996. There, the OP 5, Dr. N. Rangabhashyam performed operation of "Resection Anastomosis". Patient got complete cure and she was discharged on 13.3.1996. Therefore, alleging negligence committed by OPs 1 to 4, due to which the complainant was confined to bed for more than one year, she filed a complaint before the State Commission, Chennai and prayed for compensation to the tune of Rs.20 lakhs.

(3.) THE State Commission allowed the complaint and directed the OP 1 and 2 to pay a sum of Rs.1,50,000/ - plus Rs.5000/ - as costs, and the opposite parties 3 and 4 to pay Rs.4,50,000/ - with costs of Rs.5,000/ - , jointly and severally, to the complainant.