NAVYA S Vs. MANIPAL NORTHSIDE HOSPITAL

JUDGEMENT

(1.) THE complainants have filed this Complaint against the opposite parties (for short, 'OPs') claiming compensation of Rs. 43,00,000 under various heads.

(2.) THE facts in this case are as follows: Late Dr. G. Mamatha (for short, the 'Patient') was a Doctor by profession. Complainants 1 and 2 are her children and complainant No. 3 is her husband. The Patient went to OP -1 Hospital on 26.4.2002 at about 9.30 a.m. along with her husband as she desired to have a check up and if need be to take suggestion concerning her pregnancy and its termination. The patient knew that Dr. Malathi Rao (O.P. 3) was a reputed Gynaecologist working in O.P. -1 Hospital. It is averred that the Doctors in the Counter of O.P. -1 Hospital suggested the patient to have a Medical Termination of Pregnancy (for short, 'MTP') since the foetus was only 6 weeks old and there was absolutely no problem in having a MTP as she was already a mother of two children. When the patient enquired as to who was the surgeon who conducts MTP in O.P. -1 Hospital, the staff/Doctors in O.P. -1 Hospital informed that she would be operated by Dr. Malathi Rao. It is further stated that there was no check up by any Doctor. But the Doctors/Nurses in O.P. -1 Hospital unilaterally decided to admit the patient by telling that Dr. Malathi Rao would conduct the MTP operation. On admission, the patient was made to lie on the bed. The Nurses of O.P. -1 Hospital came and administered two injections. The further averment in the complaint is that the authorities of O.P. -1 Hospital did not even permit the husband of the patient to interact with the patient and it is not known as to who instructed the Nurses who hurriedly came and administered two injections. The further case of the complainants is that immediately after the administration of the injections, the patient became unconscions and she was not responding to any impulses. The husband of the patient after coming to know of the same fact panicked with desperation as to what medicine the Nurses had injected and the Nurses stated to have injected the injections left the patient and went away in total confusion. According to the complainants, no sooner the patient became unconscious none of the Doctors was immediately available to attend on the patient who started feeling giddiness immediately on the administration of injections. After some time, Dr. Sharada Shekar, Anaesthetist, Dr. J. Sridhar, Nefrologist and Dr. G.K. Prakash came near the patient and advised the staff to shift the patient to Intensive Care Unit (for short, 'ICU'). The further case of the complainants is that there was no timely treatment to the patient to bring her back to normalcy by resuscitating until 10.00 a.m. Ultimately this resulted in causing drastic damage to the brain of the patient for want of supply of Oxygen.

(3.) ACCORDING to the complainants, O.P. -1 Hospital did not obtain the consent of the patient for the MTP. The Medical Termination of Pregnancy Act, 1971 (for short, the 'Act') imposes certain restrictions regarding MTP operations. According to the complainants O.P. -1 Hospital was not competent to conduct the MTP Operations since the said Hospital was not authorized under the Act to conduct such operations. Further, the Doctors who conduct the MTP Operations must be Registered Medical Practitioners. But, in the instant case, the Doctor who proposed to conduct the MTP operation was not a Registered Medical Practitioner. Therefore, according to the complainants, the very admission of the patient to O.P. -1 Hospital to conduct the MTP operation itself was illegal.