S S KODIMANI Vs. SHAKILA SADANANDAM

JUDGEMENT

(1.) This appeal is filed against the order of State Consumer Disputes Redressal Commission, Chennai dated 31.3.2005 directing the opposite party No. 1 Dr. (Mrs.) S.S. Kodimani to pay a sum of Rs. 2.5 lakh as compensation to the complainant towards pain and suffering, deficiency in service and reimbursement of expenses on medication and treatment along with the cost of Rs. 2,000. The complaint against the opposite parties Dr. Mehta's Nursing Home Pvt. Ltd., opposite party No. 2 and Dr. Mrs. Usha Shukla, opposite party No. 3 was dismissed without costs.

(2.) The case of the complainant before the State Commission in short was as there was postponement of her menstrual period the complainant had approached opposite party (hereinafter referred to as O.P.) No. 1 and the urine test confirmed the pregnancy. Her husband and herself approached O.P. No. 1 for medical termination of pregnancy (hereinafter referred to as MTP). The O.P. prescribed "Cylenov-E" and requested the patient to wait till 29.10.1998. Subsequently, she prescribed "Dependal-M". She was admitted on 30.10.1998 and on 31.10.1998 MTP was performed. The patient was reviewed on 6.11.1998 in the meanwhile she was having bleeding off-and-on. The bleeding did not stop even after taking medicine prescribed by the O.P. 1. On 21.11.1998 the complainant appeared for re-checkup before the OP 1 and was diagnosed as DUB (Dysfunctional Uterine Bleeding) and prescribed "Kerutine-C" and 40 tablets of "Regstrone", the latter results in clotting of blood in the uterus. The first opposite party came and saw the complainant 10 hrs. after admission, and again diagnosed the condition as DUB and advised her to get discharged on the next day. But on 27.11.1998 there was again bleeding. The complainant developed chest pain, stomach pain and a reeling sensation in the head. Her pulse went down. The condition became bad and she was taken to Padma Clinic and Nursing Home, where a scan was taken, which showed that it was an incomplete abortion and the doctor there performed surgery to remove the remnants and she was discharged next day. Therefore, according to the complainant, O.P. 1 was negligent in prescribing wrong medicines for 39 days and wrongly diagnosed the cause as DUB and hence she claimed a compensation of Rs. 7 lakh.

(3.) We heard learned Senior Counsel Mr. Ketan Sharma for the appellant and Mr. Santosh Paul for the respondent.