MASTER P M ASHWIN Vs. MANIPAL HOSPITAL BANGALORE

JUDGEMENT

(1.) In this complaint, under Sec.17 r/w Sec.12 of the Consumer Protection Act, 1986 , the complainants have sought compensation in a sum of Rs.12,50,000/- from the opposite parties. Complainant No.1 is a minor under the guardianship of complainants 2 and 3-parents. Opposite parties 1 and 2 are the Managing Director and Medical Director respectively of M/s. Manipal Hospital, Bangalore; opposite party Nos.3 and 4 are a Paediatric Surgeon an Anaesthesiologist at Manipal Hospital, Bangaloe. Pending enquiry, Opposite Party Nos.5 and 8 expired. Opposite Party No.6 is a Chief Anaesthesiologist, Opposite Party No.7 a Doctor and Opposite Party No.9 is a Nurse in O. T. of Manipal Hospital, Bangalore.

(2.) Complainant No.1 was born on 13.1.92; the parents of C-l, that is, C-2 and C-3, took the baby to Opposite Party 3 the Paediatric Surgeon at Manipal Hospital, Bangalore, on 26.2.92. Opposite Party No.3 examined the baby and diagnosed as having inguinal hernia on the right side and has advised immediate surgery. Complain- ants 2 and 3 got C-1, when he was 65 days old, admitted in the Opposite Party hospital on 19.3.92 for hernia surgery. The surgery was fixed at 9.00 a. m. on 20.3.92. The baby was prepared for operation. Complainants 2 and 3 deposited a sum of Rs.1,500/- (Rupees one thousand and five hundred only) with the opposite party- hospital. By about 9.00a. m. on 20.3.92 complain- ant No.1 was carried to the operation theatre. Few Minutes thereafter Opposite Party No.3 came out of the O. T. and asked the mother of the baby C-3, complainants 2 and 3 were standing outside the O. T. , which side the hernia was. C-3 informed Opposite Party No.3 the surgeon that it was on the right side.

(3.) By about 10.30 a. m. on 20.3.92, the baby was brought to the ward from the O. T. It was observed that both the legs of the baby were bandaged from knee downwards. They asked the duty nurse to loosen the bandage. To their dismay, found blisters on both the legs of the baby. By about 11.30 a. m. Opposite Party No.3 came to the ward and told the complainants that O. T. nurse had kept an extremely hot water bag under the child's legs while it was under anaesthesia due to which both its legs were scalded. Opposite Party No.3 further informed that the burns were superficial and would heal within a week. The baby was constantly crying and refusing feeds.3 or 4 hours thereafter some painkiller injection was given through I. V. and kept under heavy sedation.