MINI & ORS Vs. G MOHAN & ORS

JUDGEMENT

(1.) APPELLANTS were the complainants before the State Commission, where they had filed a complaint alleging medical negligence on the part of the respondents.

(2.) IT was the case of the complainants that late Shri Ajayakumar was having problems of piles for which he was operated upon by the first respondent after anaesthesia had been administered by the second respondent in the third respondent hospital. It was their case that anaesthesia was administered but it did not have any effect on the body or mind of the patient and late Ajayakumar was operated upon in an unbecoming manner. It was their case that respondent did not examine the heart, urine of the deceased before anaesthesia was administered. It is also their case that there was defect in supply of oxygen, as also that the respiratory failure resulting the death of the deceased Ajayakumar was due to over -dose of anaesthesia. Thus, alleging medical negligence a complaint was filed but once the post -mortem report was received an amendment complaint was filed in which additional allegations on the part of the respondents not taking chest x -ray was alleged. Upon issue of notice the matter was strongly contested by the respondents, the parties filed their affidavits by way of evidence. Besides the parties, one Doctor Mahadevan, Professor and Head of Department of Anaesthesia, Medical College of Trivndrum was also examined as an expert witness. The State Commission after hearing the parties and perusal of material on record, dismissed the complaint, hence this appeal before us.

(3.) WE heard the learned Counsel for the parties at considerable length and perused the material on record. It is the case of the appellant that in the post -mortem report clearly shows the following: