SAU MADHURI Vs. RAJENDRA

JUDGEMENT

(1.) Sau Madhuri, wife of Nitin Atharkar, the appellant, was operated on by Dr. Rajendra and Dr. Sau. Kalpana of Shriram Clinic, Thaternity and Nursing Home, Warud, District Amravati, respondents Nos. 1 and 2 herein for the delivery of a cessarian child on 13.2.1992 under general anaesthesia. After the operation she felt uncomfortable and was having pain in the abdomen. She complained about it, but nothing was done by the Doctors to alleviate her sufferings. She was discharged from the clinic on 20th February, 1992, but she continued to have pain and nausea. She was re-admitted to the said clinic. Her condition started deteriorating and on 27.3.1992 her parents removed her to Nagpur and admitted her in the clinic of Dr. P.K. Tamaskar. Dr. Tamaskar took an X-ray of her abdomen and found a pair of scissors, medically known as "Artery Forceps" inside the abdomen. She was, therefore, operated by him on 27th March, 1992 and the pair of scissors was removed from her abdomen. She remained in the hospital of Dr. Tamaskar at Nagpur till 7th April, 1992.

(2.) In his notes of operation Dr. Tamaskar, respondent No 3 has stated as follows :

(3.) The appellant, Sau. Madhuri, filed a complaint before the State Commission, Maharashtra, claiming a compensation for Rs. 8,79,175/- on the following counts : Expenditure incurred for operation, hospitalisation, medicine etc. Rs. 29,175.00 Compensation Rs. 8,50,000.00 Total Rs. 8,79,175.00 The details of expenditure are shown in the summary of three schedules attached with the complaint. She alleged that respondent Nos. 1 and 2 were negligent and careless while performing the cessarian operation on her, left a pair of scissors inside her abdomen and did not take due care in finding out the cause of her discomfort and nausea even thereafter. All this, according to her, caused agony and discomfort not only to her but even the child was deprived of due care of the mother. The State Commission, Maharashtra after hearing the Advocates for the complainant and the opposite parties considered the following points :