LAWS(NCD)-2007-12-2

B REGHUPATHI SIDDARTH CLINIC Vs. B VASANTHA

Decided On December 07, 2007
B.REGHUPATHI, SIDDARTH CLINIC Appellant
V/S
B.VASANTHA Respondents

JUDGEMENT

(1.) THE State Commission, Chennai, by its judgment and order dated 29th April, 2005, allowed the Original Petition No. 24 of 2000, by arriving at the conclusion that the husband of the Petitioner died on the operation table when the patient was brought for simple biopsy. For this deficiency in service, the State Commission directed payment of compensation of Rs.2 lakhs by the Opposite Parties.

(2.) IT is the case of the Complainant that her husband, Balasubrahmanyan, who was working as a Village Administrative Officer at Kanjanoor, developed pain in his ear in the month of March, 1999. He, therefore, visited the clinic of Appellant No.1, Dr.B.Reghupathi, on 19th March, 1999. After examining the deceased, Appellant No.1 stated that there was nothing wrong in the ear but the pain was due to some malignant growth in the throat. After the examination he was admitted in his clinic. After the blood and the urine examination, the deceased was informed to come on the next date, i.e. 20th March, 1999 for further tests to be conducted. It is alleged that on 20th March, 1999, at about 1.00 pm the deceased was taken to operation theatre for conducting examination. After two hours, the Doctors, (Appellant No.1) and the Anaesthetist, (Appellant No.2), informed that the patient (Balasubrahmanyan, i.e. the deceased) died in the operation theatre. It alleged by the Complainant that general anaesthesia was not properly administered.

(3.) THE State Commission allowed the complaint and directed the appellants to pay compensation of Rs.2 lakhs by taking into consideration the fact that the deceased was a young Village Development Officer.