BALAGOPAL Vs. K V RADHAKRISHNA MENON

JUDGEMENT

(1.) This is a case wherein a patient Leelamma had gone to a doctor with a complaint of abdominal pain wherein he had performed exploratory laparotomy and removed the appendix and subsequently the petitioner had to be kept in the Nursing Home of the doctor for two different spells due to complications which arose as a result of appendisectomy. As the patient's condition could not be medically managed by the doctor he had to be taken to the District Hospital, Manjeri wherein surgery had to be performed to remove the gangrene to rectify all the obstructions in the intestine, but after some days the patient died. In this case the treating doctor and the Nursing Home had refused to give any treatment records either to the complainant or even to the District Forum. Can the needle of suspicion about medical negligence be pointed towards the treating doctor and the Nursing Home, in such a case? The straight-forward answer to the question is: YES.

(2.) As the District Forum had dismissed the complaint, K.V. Radhakrishna Menon husband of the deceased and children of the deceased filed an appeal before the State Commission. The State Commission after hearing the parties and going through what ever records which were produced before them and also analysing the case law, allowed the appeal and set aside the order of the District Forum and directed the opposite party to pay Rs. 1,50,000 as compensation as against their claim of Rs. 4,50,000 within two months of the receipt of their order failing which the aforesaid amount would carry interest at the rate of 12% from the date of their order. The State Commission also awarded Rs. 3000 as cost to be paid to the appellants. Aggrieved by the order of the State Commission, Dr Balagopal of Perinthalmanna Nursing Home has filed this revision before us.

(3.) The undisputed facts of the case are - Leelamma wife of the first complainant - Shri K V Radhakrishna Menon was admitted in the Perinthalmanna Nursing Home by Dr. Balagopal with a complaint of stomach pain. After examination, Dr. Balagopal performed exploratory laparotomy and found that the patient was suffering from appendicitis. Accordingly he performed appendisectomy on 4.4.1996. She continued to be under his treatment till 20.9.1996 on which date she was discharged. After discharge her condition became so bad that she had to be re-admitted in the same Nursing Home on 29.9.1996 but the situation did not improve. As her condition deteriorated she was taken to District Hospital, Manjeri on the same day where surgery was performed on 7.10.1996 for removing the gangrene and to rectify all the obstructions in the intestine and subsequently she died on 9.11.1996,