DR. G.V.S. RAO 1/2 RT, PANJAGUTTA HOUSING BOARD COLONY, PUNJAGUTTA HYDERABAD ANDHRA PRADESH Vs. K. CHINNA REDDY & ANR. RESIDENTS OF 49/B, LIGH HOUSING BOARD COLONY ADILABAD ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved with the order dated 8.9.2010 of the A.P.State Consumer Disputes Redressal Commission, (in short the State Commission ) passed in FA No.1491 of 2007, the petitioner Dr. G.V.S. Rao has filed this revision petition No.4436 of 2010.

(2.) Brief facts of the case are that the son of the respondent, K.Ramakrishna Reddy went to Dr. G.V.S. Rao for treatment of his decreasing hearing capability. The petitioner advised him for Stapedotomy operation on the right ear. Accordingly, the patient was admitted in the petitioner's hospital on 08.01.2002 and he was operated upon by the petitioner on same day. The local anaesthesia was administered by the petitioner/surgeon/Dr. Rao himself and the operation was completed. As per the complaint, the patient was complaining of severe pain in the ear and the blood was oozing out of the ear throughout the day. It has been alleged that the information was sent to the petitioner, but he did not come to attend the patient. On 09.01.2002, the patient went to the toilet and while coming back from the toilet he became unconscious. The brother of the patient called the petitioner, who came and gave medicines to the patient. The petitioner also called anaesthetist as he found it to be a case of convulsion. Meanwhile, the condition of the patient deteriorated and the petitioner shifted the patient to another hospital SVR Super Speciality Hospital. The SVR Super Speciality Hospital finally declared the patient as brought dead.

(3.) The complainants lodged an FIR with the police against the petitioner and the police got post-mortem conducted as well as expert opinion from the forensic expert of a Government Hospital namely Gandhi Memorial Hospital, Secunderabad-A.P. was also taken. Meanwhile, the complainants filed a complaint case i.e. CD No.281/2003 before the Consumer Disputes Redressal Forum-I, Hyderabad, (in short the District Forum ) for compensation of Rs.10,00,000.00 alleging deficiency on the part of the petitioner.