H ABDUL KHAYUM Vs. H V SHIVARAM

JUDGEMENT

(1.) COMPLAINANT No. 1 is the father, complainant No. 2 is the mother and complainant No. 3 is the minor daughter of the now deceased Md. Yahya, who was a Coffee Planter and a Merchant who was also running an Automobile Shop at Sakaleshpur in Hassan District. The brief facts of the case are as follows:

(2.) MD. Yahya was suffering from fever in October 1999 and he was taking treatment from Dr. Rajashekar at Hassan. Since the fever did not subside on treatment, Dr. Rajashekar referred the patient to a higher Hospital in Bangalore suspecting the case as one of enteric perforation or other Gastro intestinal disorder. The patient was referred for further investigation and treatment. The patient was therefore shifted to Bangalore on 27. 10. 1999 and was admitted to OP3 Hospital where OP1 is a Consultant Surgeon and OP2 is a Consultant Physician. The complainants contend that instead of conducting investigation at the first instance to rule out that the deceased Yahya was suffering from Gastro intestinal disorder, the OPs went on conducting the Tests to rule out other possibilities and ultimately after spending 5 days on irrelevant tests, they conducted Laparotomy on 1. 11. 1999.

(3.) THE OPs contend that during the course of operation, the OPs initially found clear fluid, then pus in the lower abdomen and the right sub-diaphragmatic area. They also found faecal staining on the mobilization of the right colon in the right paracolic area, there was a retrocolic ascending colon necrotic patch with perforation with faecal contamination and infection of retro peritoneum which had spread down right to the scrotum causing scrotal swelling. The facal infection of the retro peritoneum with millions of bacteria of different species was present in the human excreta which according to the OPs was responsible for the septicemia. The OPs have removed the affected bowel containing perforation and normal healthy ends of the ileum and the colon where anaestomosed. The retro peritoneum and the right scrotum were debrided, washed and drained. Pus present in the pelvis and sub-diaphragmatic area was cleared and washed. The OPs have temporarily closed the abdomen with Velcro so as to facilitate re-look inside the abdomen at regular intervals. The OPs contend that the disease process of the patient had started prior to 16. 10. 1999 and that it had become symptomatic with fever chills, rigour and the patient had undergone treatment at Bharathi Nursing Home and under Dr. H. K. Rajashekar and Dr. Lingaraj and the investigation done before the patient was taken to OP3 Hospital did not clearly India that the patient was suffering from enteric fever or enteric perforation. OPs have contended that the two Doctors at Bharathi Nursing Home merely suspected that it could be enteric fever andenteric perforation and the exact nature of the illness had not been discovered.