M RADHAKRISHNA MURTHY Vs. PARAKULAM ELISHAMA BABU

JUDGEMENT

(1.) -ELIZABETH, wife of the complainant who was pregnant, was consulting the respondent Dr. M. Vedamani, Gynaecologist who gave the tentative date of delivery as 28. 1. 1993. She was admitted into the Chaitanya Nursing Home on 29. 1. 1993 at 9. 15 p. m. The respondents kept her on I. V. Glucose bottles to enable the patient to develop labour pains and subsequent normal delivery. As normal delivery did not take place they took her to the operation theatre and she was operated upon and a male child was born. The resident doctors neither tested the blood group nor called an anaesthetist for assistance. She was brought back to the ward around 2 a. m. on 31. 1. 1993. She complained of pain and vomited twice. She was given three types of injection but pain continued and the respondent put her on oxygen at the instance of the complainant and she breathed her last at 7. 30 p. m. on 31. 1. 1993.

(2.) THE District Forum after hearing the parties and going through the evidence of the case, allowed the complaint in part and directed the respondents Dr. M. Radhakrishna Murthy, M. S. and Dr. Vedamani, MBBS, DGO of the Chaitanya Nursing Home to jointly pay to the complainant a sum of Rs. 50,000 towards loss of consortium and service, and a sum of Rs. 75,000 towards love and affection and parental care of the children together with interest at 18% p. a. on Rs. 1,25,000 from 10. 6. 1994 till the date of payment with Rs. 500 as towards cost.

(3.) DISSATISFIED by the order of the District Forum the respondent doctors filed an appeal before the Andhra Pradesh State Consumer Disputes Redressal Commission. After hearing the parties, the State Commission awarded Rs. 50,000 for the negligence with 12% interest p. a. from the date of complaint.