FARHAT BEGUM Vs. RAJ KUMAR AGARWAL

JUDGEMENT

(1.) These two cross-appeals as described in the heading above have been filed, challenging the order dated 12.05.2010, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as State Commission) in consumer complaint No. 50/2006 vide which, the said complaint filed by the complainants/appellants in FA No. 234/2010, Raj Kumar Agarwal & others against the OPs/respondents Dr. Farhat Begum & others (FA No. 209/2010) was partly allowed and the OPs were directed to pay a sum of Rs. 3 lakh with cost of Rs. 2,000/-.

(2.) Briefly stated, the facts of the case are that the complainants Raj Kumar Agarwal and others filed CC No. 50/2006 alleging medical negligence on the part of the OPs in handling the maternity case of the deceased Rekha Aggarwal, who was wife of complainant no. 1 and mother of complainant no. 2 & 3. She was admitted in OP-1 hospital on 19.03.2006, where a caesarean section was done upon her on 20.03.2006 and a male child (complainant no. 3) was delivered. The complainant no. 2, who is the first child of the said couple had also been born in the same hospital. She was taken to the operation theatre at 9:00 AM on 20.03.2006 and a male child was born around 10:30 AM. However, the mother/patient was not brought out of the operation theatre even after 2 hours of the caesarean operation. The staff of OP-1 Hospital informed complainant no. 1 at 12:30 PM that his wife had developed some breathing problems and manual oxygen was introduced to her, because the Hospital did not have automatic oxygen-inhaling system. It has been alleged by the complainants that they were never informed that the deceased had suffered cardiac arrest and a cardiologist had visited to see her. At about 4:00PM, the OPs told the complainants that since there was no regular or automatic ventilator and since due to breathing problems, the ventilator was a necessity, the patient was being shifted to another hospital called Yashoda Hospital. The complainant no. 1 was persuaded by them to give his consent towards shifting of his wife from OP-1 Hospital to Yashoda Hospital. On reaching the Yashoda Hospital, the complainant No. 1 was informed for the first time that since the deceased was given excess anaesthesia during caesarean operation, there was a consequent cardiac arrest. The OPs also summoned another anaesthetist Dr. R. Rama Krishna and on his advice, she was shifted to Yashoda Hospital. On 24.03.2006, Dr. K. Krishnareddy and Dr. M. Ramkrishnan of Yashoda Hospital informed complainant no. 1 that there was hardly any hope for the survival of his wife. Complainant no. 1 then sought opinion from the doctors of Durga Bai Deshmukh Hospital, who gave similar opinion but promised to make some efforts. On 25.03.2006, the deceased was got discharged from Yashoda Hospital and taken to Durga Bai Deshmukh Hospital, Hyderabad but she died at that hospital after 5 days of treatment.

(3.) The complainant also stated that he lodged a complaint with the Police also, upon knowing that there was negligence on the part of the OPs and a case of medical negligence was registered vide crime No. 91/2006 dated 21.03.2006. The Police raided the OP - 1 Hospital and seized some documents. The complainants have also stated that the post-mortem examination performed on the deceased on 01.04.2006 revealed that death was due to 'complications of anaesthesia'. The complainants alleged that general anaesthesia was given by OP-3 doctor, whose services were engaged by OP-1 & 2. All the OPs were jointly and severally responsible for compensation and damages because they were under obligation to undertake proper medical care during the course of operation. The complainants demanded a sum of Rs. 32,25,000/- as compensation which included medical as well as legal expenses.