KALYANI NURSING HOME Vs. P CHANDRA MOULI

JUDGEMENT

(1.) THESE two appeals are directed against the same order of the State Commission dated 22.1.2001 in CD No.181/92. The Appellants in FA No.71 of 2001 have prayed for allowing the appeal and dismissing the complaint of the complainants. In FA No.280/02 the appellants have claimed enhancement of the compensation as prayed for, by them in their complaint, before the District Forum. Case of the complainant :

(2.) THE complaint was filed by the husband and children of the deceased Smt. P. Sarla Devi who was admitted at Kalyani Nursing Home of Dr. K. Anjani Devi on 25.3.91 at about 3.30 a.m. for delivery. She was taken to the labour room around 5 p.m. and she delivered a female baby(third complainant) which was a normal delivery. There was uncontrolled bleeding and the patient became unconscious. The mother of the deceased went into the labour room and saw her daughter in a pool of blood. After sometime, aayas informed that Smt. B. Sarla Devi had expired. The father of the deceased lodged a complaint before the police. Punchanama was held, which showed that there were injuries on the body of the deceased, which were antemortem. According to the post -mortem certificate, the deceased died due to shock and haemorrage. The complainants alleged that she died due to negligence on the part of Dr. K. Anjana Devi. The deceased aged about 23 years was working as a sales woman drawing Rs.750 per month. Accordingly, they claimed Rs. 3,15,000 towards loss of income, Rs.1,00,000 towards loss of affection for the complainants 2 and 3, Rs.50,000 towards loss of conjugal rights by the first complainant and Rs.3,000 towards medical expenses totalling Rs. 4,68,000. Case of the opposite parties:

(3.) THE case was contested by the opposite parties stating that the complainants are not the consumers, since the treatment was given free of cost, as they were family friends. After delivery contraction of uterus did not take place, which resulted in bleeding and it was stopped by administering the medicines and injections and even blood was indented from MGM Hospital as a precautionary measure. This problem could not be anticipated. Dr. Manjula, Gynaecologist from the Government Maternity hospital, Hanamkonda was also called and suitable medication was given on her advice. In addition, Dr. S. Manohar, a physician of the same hospital along with Dr. Anji Reddy anaesthetist were also present to examine the patient. While preparations were made for hysterectomy, post partum haemorrhage(PPH) occurred, which is not preventable. Injuries on the person Sarla Devi were natural consequences of episiotomy. Decision of the State Commission: