B H KUMAR Vs. RANGASWAMY

JUDGEMENT

(1.) Sometimes a minor surgery may take away the life of patient due to negligence of Doctor. In this case a patient died after undergoing a surgery for removal of knot/node on her neck due to cut of blood vessel.

(2.) The complainant has filed this complaint alleging "deficiency in Service" on the part of the opposite parties (for short, "o. Ps. ") Nos.1 and 2. O. P.-3 is the Insurance Company, which has issued Policy in favour of O. P.-1 covering certain risks as provided in the Policy.

(3.) The wife of the complainant one Smt. Shanthamma (for short, the "patient") had developed a knot/node in the right side of her neck on account of which she was suffering from severe pain. With the said complaint, the patient approached O. P.-1. O. P.-1 on examination advised the patient to get herself admitted to the O. P. Hospital and to undergo an operation for removal of the knot/node. Accordingly, the patient was admitted to O. P. Hospital. On 27.8.2002 O. P.-1 operated the patient. After the operation there was considerable bleeding at the place of the operation. As O. Ps.1 and 2 were unable to control the flow of blood, they referred the patient to St. John's Hospital, Bangalore, for further medical care and treatment. St. John's Hospital refused to admit the patient. Ultimately the patient was taken to Manipal Hospital, where she was admitted as an inpatient. It appears in spite of the best treatment given in the Manipal Hospital, the patient died on 29.8.2002 at 1.00 a. m. (midnight ). The complainant has admitted that O. Ps.1 and 2 have paid a sum of Rs.30,000 on the demand made by the complainant and also gave a letter stating that the complainant can claim compensation with O. P.-3 since the Policy issued by O. P.-3 covered the risk of casualties, loss of life, etc.