BALAJI NURSING HOME Vs. A ERANNA GOUD

JUDGEMENT

(1.) Aggrieved by the order in CD No.241/2000 dated 1.1.2004 on the file of District Forum, Kurnool, opposite parties 1 to 3 preferred this appeal. The brief facts as set out in the complaint are that the complainant is an agriculturist by profession and also does Coolie work and he sustained compound fracture to his right leg in a road accident on 26.6.1999 and took treatment at Raichur. Not satisfied with the treatment there, he joined opposite party No.1 Nursing Home for which opposite party No.2 is the owner. Opposite party No.1 was insured with opposite party No.5 under the Professional Indemnity Policy. Opposite party No.2 arranged for the surgery of the complainant by engaging the services of opposite parties 3 and 4. Opposite party No.4 conducted the surgery with the assistance of opposite party No.3 and the nursing staff of opposite party No.1 on 5.7.2000. The complainant approached opposite party No.1 and sought for removal of the plates inserted in his right leg and opposite party No.4 took up the necessary surgery while opposite party No.3 administered anaesthesia with the assistance of nursing staff of opposite party No.1. The complainant submits that he felt severe discomfort and pain to his left hand where the anaesthesia was administered by opposite party No.3 for facilitating the surgery of the complainant by opposite party No.4 on 5.7.2000. Opposite party No.3 took the complainant to Padma Chandra Kidney Super Speciality Hospital, Kurnool, and got him admitted there on 6.7.2000 and there surgeries were conducted on the complainant by Dr. Prabhakar Reddy on the neck, elbow and the left hand fingers of the complainant as there was no blood supply to the complainant's left hand on account of improper administration of anaesthesia at the time of the surgical operation conducted on 5.7.2000. The complainant further submits that four fingers of his left hand were completely amputated and the complainant took subsequent treatment in Padma Chandra Kidney Centre, Kurnool from 6.7.2000 to 18.9.2000 and its entire expenditure was borne by opposite parties 1 and 2. The complainant submits that he incurred Rs.30,000 as expenses, lost four fingers of his left hand and is permanently disabled in his profession only because of the negligence of opposite parties 3 and 4. He contends that opposite parties 1 and 2 are also vicariously liable for the negligent act of opposite parties 3 and 4. Hence, the complainant is seeking direction to the opposite parties to pay Rs.2,00,000 as compensation and damages.

(2.) Opposite parties 1 and 2 filed their counter and admit that the surgery was performed by opposite parties 3 and 4 and denied that there was no medical negligence in the surgery. They contend that the expenses of the complainant at Padma Chandra Kidney Centre, Kurnool, were borne by them on humanitarian grounds and no because there was any negligence on their behalf.

(3.) Opposite party No.3 filed counter admitting that he administered anaesthesia on the complainant to facilitate surgery for the removal of plates by opposite party No.4 on 5.7.2000 but denies that there was any negligence on his behalf. When the complainant complained of pain in his left hand he was properly attended to it on 6.7.2000 at 9.30 a. m and his pain was diagnosed as vasculating of the left hand and he was referred to Dr. Prabhakar Reddy who diagnosed it as 'embolism' of left ulna artery and on his advice, the complainant joined Padma Chandra Kidney Centre for the necessary surgery. As he has taken all necessary precautions there is no medical negligence on his behalf and even if there are any fault and liability which has to be borne by the Insurance Company which is opposite party No.5.