ST GREGORIOUS - MISSION HOSPITAL Vs. ROJI GEORGE

JUDGEMENT

(1.) -THESE three appeals arise from a common order passed by the State Commission, upon a complaint filed by Roji George and others (appellants in Appeal No. 125 of 2000 ). Appellants in Appeal No. 263 and 8 of 2000, were the opposite parties Nos. 2 and 3 respectively before the State Commission.

(2.) BRIEFLY stated the facts leading to filing the complaint were that the complainant Roji George had some nasal problems, for which he approached the second respondent Dr. P. C. Koruthu, ENT Surgeon for correction of deviated nasal septum to left with enlargement of inferior concha. Dr. Koruthu advised 'septoplasty' for which Roji George was admitted in the St. Gregorious Mission Hospital on 30/6/1997 and was taken-up for surgery on 1/7/1997. After pre-operative anaesthetic test, the surgery was started at 9. 45 a. m. on 1/7/1997 under general anaesthesia. But later on it came to the knowledge of the complainant that when the surgery was started there was fall in B. P. of complainant Roji, for which certain medicines were given but later on the patient Roji lost his heart-beat and went into cardiac arrest. There was delay in his revival of 3 to 5 minutes, it is this which resulted in damage to the brain. Another Anaesthetist from Pushpagiri Hospital, was called but patient Roji George continued to be unconscious, and was shifted to Pushpagiri Hospital for better management as the St. Gregorious Mission Hospital was not having the required equipment/facility.

(3.) ROJI George was treated in the Pushpagiri Hospital as an inpatient for 4 months. As there was no progress and he continued to be unconscious - brain dead, he was referred to Medical College Hospital, Kottayam, wherein it was opined that Roji George will never speak and, chance for betterment was ruled-out, hence he has to live in a vegetative life since then, as a result of damage to the brain caused by the opposite parties before the State Commission on account of medical negligence. It is in these circumstances, a complaint was filed before the State Commission praying for compensation of Rs. 10 lakh plus other amounts for equipment and expenditure incurred, which was contested by the opposite parties. All the parties were cross-examined statement of Dr. V. Mahadevan, expert / specialist (Anaesthesia), was also recorded and he was also cross-examined. The State Commission after hearing the parties and perusal of material on record and going through the medical record, held Dr. Kothuru, ENT Surgeon and St. Gregorious Mission Hospital, negligent. The Anaesthetist was exonerated. The surgeon and the Hospital were directed to pay an amount of Rs. 6 lakh, which was to be kept in FD to enable the parents of Roji George to meet the fund requirement for maintenance of the Roji George from the interest earned on this amount. Another amount of Rs. 2 lakh was given to the parents of Roji George towards charge of medicines spent by them and Rs. 50,000 for mental agony. Not satisfied / aggrieved by this order, three separate appeals have been filed before us. While Appeal No. 263/2000 filed by Dr. Kothuru and Appeal No. 8/2000 by the Director, St. Gregorious Mission Hospital, for setting aside the order of the State Commission, the Appeal No. 125/2000 is filed for enhancement of compensation awarded by the State Commission.