GEETHA ALAGUVEL Vs. K B VISHWANATH BHAT

JUDGEMENT

(1.) -THIS Appeal is by the Complainant in Complaint No. 1266/2004 on the file of the District Consumer Disputes Redressal Forum, Bangalore Urban District, against the Order dated 1. 8. 2005 dismissing her complaint. The Respondents in the appeal are the OPs before the District Forum.

(2.) THE case of the complainant, in brief is that on 9. 12. 2003 the complainant got herself admitted into the Nursing Home run by OPs for the purpose of delivery of the second child. In the early hours of 10. 12. 2003 the complainant delivered a male baby. On 11. 12. 2003 at about 2. 00 p. m. , the Complainant underwent Tubectomy operation. Soon after the operation she developed chill. The staff Nurse attending on her placed hot water bags on both the lower limbs of the complainant at the directions of the OPs, who are the Doctors in the said Nursing Home. It is contended that since the lower limbs of the complainant were under anaesthesia, the Complainant herself was not able to gauge temperature or was unable to realize temperature of the water in the bags and so she sustained severe burn injuries on account of the continuous placing of the hot water bags on her legs. It is further contended that the staff of the Nursing Home and the Doctors were negligent in placing the bags containing water at high temperature on the legs and they were also negligent in not properly monitoring or supervising the prognosis of the phenomena, which made the complainant to suffer burn injuries, for which, she had to take treatment for 15 to 20 days. The complainant has also contended that on account of the injuries she sustained, she was not able to feed her baby properly nor was she able to move around freely. It is further contended that on account of the continuous treatment that she had to take her husband has suffered monetary loss. She contends that more than Rs. 2,50,000 was spent for treatment apart from the physical and mental sufferings and hence the complaint alleging deficiency of service on the part of the OPs and seeking direction to the OPs to pay compensation of Rs. 10. 00 lakh.

(3.) OPS admitted that the complainant was admitted in their Nursing Home for delivery and Tubectomy operation. They have also admitted that the Tubectomy was conducted on the complainant on 11. 12. 2003. They have admitted that the complainant suffered chill after the operation. But, they have denied placing of hot water bags on the legs. They have also denied that the complainant had suffered any burn injuries when she was under treatment in their Nursing Home. They have further contended that the chill, if any, suffered by the complainant was treated by administering drugs and by hot water therapy. They have denied deficiency of service and liability to pay any compensation.