O.P. SHUKLA Vs. KUSUM DUBEY AND ORS.

JUDGEMENT

(1.) The Appellant, O.P. Shukla filed this instant First Appeal, under Section 19 of the Consumer Protection Act, 1986 against the order of State Consumer Disputes Redressal Commission, U.P. in Complaint No. 51 of 2004, which dismissed the complaint.

(2.) The wife of complainant, Smt. Suman Shukla, since deceased (herein referred as patient) underwent removal of uterus operation (hysterectomy). It was conducted by OP-1 Dr. Kusum Dubey in the Sumita Hospital (OP-4). Expenses in the sum of Rs. 12,000/- were paid to OP-3 Dr. Sumita Shukla. The operation was conducted on 18.07.2004 with the help of Dr. D.K. Chaudhary (OP-2) and Dr. Sumita Shukla (OP-3). It is contended that the patient was healthy, before the operation. The haemoglobin was 11.04 gm and BP was 180/110 i.e. on higher side. The patient was kept under observation, till the evening, but second operation was performed due to serious condition of the patient, again, in the evening at 07:45 pm. The OP did not take any consent before re-operating. The bleeding of the patient did not stop. The pulse and haemoglobin were going down and condition became serious. About six bottles of blood were requested at the emergency hours. As the blood oozing did not stop, the patient was shifted to Harmain Hospital under care of Dr. Kayum (OP-5). The patient went on deteriorating. There was no blood bank facility or ICU. Therefore, the complainant spent around 2 lakhs, within 05 days. Therefore, alleging negligence on the part of OPs, the complainant filed complaint.

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