KARUNA HOSPITAL Vs. KOCHURANI JOSE

JUDGEMENT

(1.) -APPELLANT was the opposite party before the State Commission where respondents/complainants have filed a complaint alleging medical negligence on the part of the appellant.

(2.) VERY briefly stated the facts of the case are that the deceased Dr. Jose Kurian was himself a reputed surgeon and was running two hospitals. On 16. 5. 1999, he approached the appellant/hospital, complaining chest pain where he was attended to by one Dr. Benjamin Issac. Actually it was the case of the complainant that it was one Ninan who was impersonating as Dr. Benjamin Issac and it is the quack who treated the deceased resulting in the death of the deceased the very same day. It is in these circumstances, that a complaint was filed before the State Commission, who after hearing the parts passed a very comprehensive and long order directing the appellant to pay Rs. 12 lakh as compensation along with cost of Rs. 5,000. Aggrieved by this order this appeal has been filed before us.

(3.) WE heard the learned Counsel for the appellant. He only supported what has been observed in Para 6 of the State Commission order that the said Benjamin Issac is a quack doctor and did not have the requisite qualification to deal with such a case and admittedly he was employed by the appellant Hospital allegedly in good faith, resulting in fraud being played upon the hospital. In view of the fact that the "due care" by Doctors is by now well settled under a catena of judgments of House of Lords as also the Supreme Court and this Commission since the treating doctor did not have the qualification to handle such a case, a case of medical negligence stands established.