SATHY M PILLAI Vs. S SHARMA

JUDGEMENT

(1.) THE issue involved in this case falls in a narrow matrix. An 25 years young lady who went to Samath Hospital for encirclement of the cervix by making sutures at the mouth of uterus to retain the pregnancy and prevent miscarriage died in the same hospital within 24 hours of the procedure. Is it due to medical negligence?

(2.) A detailed analysis of the case gives the answer. The case of the complainant in brief:

(3.) MRS. Chandrakala, aged 25 years wife, of the first complainant and the daughter of the second complainant approached Dr. Sathy M. Pillai at Samath Hospital, Attingal, Thiruvananthapuram District to protect her pregnancy and on her advice was admitted to the hospital on 24. 5. 1996 on payment of Rs. 50,000 as fees. Chandrakala was married on 14. 4. 1993 and had a miscarriage in December 1993. Dr. Sathy M. Pillai the first opposite party (here in after to be referred to as O. P. 1) advised sutures to be made at the mouth of the uterus to retain the pregnancy and prevent miscarriage. At 6 a. m. on 23. 5. 1996 she walked into the operation theatre. The complainants and relatives were waiting outside the operation theatre and about 6 p. m. second complainant Dr. Narayanan was allowed to see Chandrakala who complained that she could not bear the pain due to the sutures. At 10 p. m. the complainants were informed that Chandrakala vomited and wanted clothings and so 2 nighties were given by them. Second complainant was declined permission to see Chandrakala. At midnight when the complainants heard loud cries of Chandrakala, they agitated and wanted to see her. The second complainant was permitted to do so, who saw her lying nude pressed to the floor by the first opposite party and three of staff of the hospital. Dr. Ajaykumar, relative of the first complainant who was brought to the hospital was not permitted to see her stating that she was mentally upset. RW 6, the Psychiatrist was brought to the hospital who found Chandrakala was under sedation. Later on they were informed that she has expired.