K MUNIASAMY Vs. HARLEY RRAM NURSING HOME

JUDGEMENT

(1.) -THE present appeal is filed against the order dated 31. 8. 2004 passed by the State Consumer Disputes Redressal Commission, Tamil Nadu at Chennai in Original Petition No. 163/1997 dismissing the complaint alleging medical negligence against the respondent/opposite parties.

(2.) BRIEF facts of the case are: the appellants Thiru K. Muniasamy and minor Lavanya are the father and the daughter are 35 years of age and 8 years of age respectively. The first appellant's-wife is Mrs. Bhanu. Bhanu developed jaundice during her 8 month pregnancy and she went to the opposite party No. 1 (Harley Rram Nursing Home ). She was attended to by the opposite party Nos. 2 to 4, i. e. opposite party No. 2, Dr. R. Venkataswamy, M. S. , CMO, opposite party No. 3, Dr. V. Ramesh, M. S. M. Ch. (Urology), Dy. CMO, opposite party No. 4, Dr. Mrs. Savitri Ramesh, Medical Officer, all working for opposite party No. 1. She was admitted with the complaint of vomiting and fever to the O. P. No. 1 Nursing Home on 8. 4. 1997. Blood sample was sent for analysis and the liver function test was performed on 9. 4. 1997. It indicated that she was affected severely by jaundice. She had serum Bilirubin level at 8. 60 mg. It is alleged by the complainant that opposite party Nos. 1 to 4 failed to treat his wife for jaundice till 15. 4. 1997. Due to their gross negligence, her health deteriorated very rapidly.

(3.) THE admitted facts are : Bhanu delivered a dead male oetus at 2. 15 p. m. on 15. 4. 1997 in O. P. No. 1 hospital. Dr. Thayumanavan, a Consultant in Gastroenterology saw the patient on 14th, 15th and 16th and treatment as advised by him was given. Towards afternoon of 16th, the patient's condition deteriorated and on the advice of Dr. Thayumanavan, she was shifted to the Jawahar Hospital, Madurai at about 6 p. m. in semi-conscious state. Various specialists like Gastroenterologist, Cardiologist and Nephrologist were consulted and treatment was given.