INDUMATI Vs. SHYAMALA A MASURKAR

JUDGEMENT

(1.) The complainant in this case has prayed for compensation of Rs.9,60,000 from the O. Ps. alleging medical negligence on their part. The complainant's case may be briefly stated as follows: 1. The complainant is a resident of Hulloli Village in Hukkeri Taluk in Belgaum District living with her husband and children. In April 2002, she was pregnant for 4 months and there was bleeding. She went to the Hospital of O. Ps.1 and 2 at Gokak on 5.4.2002 for consultation and treatment. O. P.1 being the senior amongst, advised blood test and also prescribed some medicines. On 12.4.2002, the complainant got the blood test done. Since bleeding persisted she went to O. P.2 Hospital on 13.4.2002 with the report of the blood test. Since O. P.1 was not there she met O. P.2 who prescribed tablet 'rovamycin Forte' for 21 days. It is contended that the complainant did not take the said medicine immediately as she thought of taking the same only after consultation with O. P.1 and therefore she again went to Gokak on 15.4.2002, on which day O. P.1 prescribed injection 'gravidin' in addition to tablet 'rovamycin Forte'. It is contended that on that day O. P.1 also told the complainant to take the medicine as per the prescription given by O. P.2. The complainant contends that she took 'gravidin' injection and tablet 'rovamycin Forte' the same day night. Thereafter, she experienced the severe burning all over her body and pain in the abdomen. Immediately thereafter, she tried to contact O. P.1 and she was told that O. P.1 was out of station for one week. Early morning on 16.4.2002, the complainant got herself admitted in K. H. I. Hospital, Ghataprabha, where abortion took place.

(2.) The complainant has further contended that on 9.5.2002, she went to O. P.1 and asked her as to why the abortion took place. O. P.1, after checking the complainant and after scanning her again advised her for blood test and also advised her to continue tablet 'rovamycin Forte' in addition to Pyraffin, Azee and 'tancodep' tablets for about a month. The complainant further contends that as per the advise of O. P.1, she continued the Tablets. On the day next to taking of the said tablets, she developed fever and pain in both eyes and throat. On the 3rd day, there was red rashes all over the body with pus formation and swelling. She was immediately taken to K. H. I. Hospital where she was admitted as an in-patient. Doctors there told her that there was reaction of the said medicines and she was also advised to go to K. L. E. Hospital, Belgaum. The complainant contends that she tried to contact O. P.1 over telephone regarding the reaction she developed. She was told that O. P.1 was not in station. The complainant requested O. P.2 to come and check her and to advise which she did not oblige. The next day, the complainant was admitted to K. L. E. Hospital, Belgaum. By that time, the pus had started oozing out. The complainant was kept in Intensive Care Unit for about one month. In spite of best efforts by the Doctors at K. L. E. Hospital, the reaction did not subside. It is further contended that the complainant again contacted O. P.1 over telephone and told O. P.1 about the complications developed because of the medicines prescribed. It is further contended that O. P.1 did not however go to K. L. E. Hospital to check the complainant and to prescribe remedies in spite of request over telephone. Therefore, complainant sent her husband to O. P.1 and O. P.1 promised that she would go to K. L. E. Hospital to see the complainant and to decide the next course of action which promise was not kept up. The complainant further contends that by the end of one month of admission in K. L. E. Hospital, though the pus dried up swelling over the eyes did not recede. The Doctors of K. L. E. Hospital discharged the complainant with an advice to come to the Hospital every alternative day for follow-up treatment. The complainant followed that advice for about 15 days. Swelling over the eyes did not recede. She was again admitted as an in-patient in that Hospital for 20 days; no improvements in the eyes; the eye lids and eye balls started becoming smaller. The Doctors in K. L. E. Hospital advised her to go to L. V. Prasad Eye Institute, Hyderabad. The complainant went to Hyderabad and got herself admitted in the said Hospital as in-patient for 5 days. There was no improvement in the eye sight in spite of treatment for 5 days. The Doctors there told her that the reaction which had developed still continued and there are no chances of improvement. The complainant contends that ultimately she lost her eye sight completely and she became totally blind.

(3.) The complainant contends that as a result of blindness, she is unable to attend to her daily routines herself and has to depend on others throughout her life and is also unable to attend to her minor children. She further contended that she was expert in suing ladies and children garments and she has been earning about Rs.1,500 per month and on account of the blindness, she is unable to do that work and thereby she is deprived of that income. She has, therefore, claimed a total compensation of Rs.9,60,000 which includes Rs.1,25,000 under the head loss of income. She had contended that apart from physical suffering and loss of sight her husband has suffered loss of money and also has suffered mental agony.