ESAKKIMUTHU Vs. P DHANAM

JUDGEMENT

(1.) -REGISTERED notice issued by this Commission on 6. 7. 2007 to the petitioner has not come back unserved. Since 30 days lapsed, it is presumed that notice has been served on the petitioner.

(2.) THIS is a case wherein the complainant has alleged medical negligence on the part of the opposite party Dr. R. Dhanam on Sri Manjuram Hospital, Rajapalayam stating that the doctor did not diagnose her properly with the result the complainant had to continue with pregnancy and give birth to a female child. Complainant had undergone sterilization operation on 11. 3. 1992 as she had by that time one male and female child. 8 years after the surgery she became pregnant again during December 2000. Complainant consulted the opposite party, Dr. Dhanam at Rajapalayam as her menstrual cycle had stopped. The doctor investigated and told her that there was no pregnancy and gave her a list of medicines, tablets and tonics for getting regular menstruation and charged Rs. 50 as consultation fee. Subsequently, the petitioner consulted Dr. Bharati Lakshmi who tested her by ultrasound and stated that the petitioner was pregnant for 5 weeks. Subsequently, in the month of September she delivered a female baby. Alleging wrong diagnosis which resulted in the birth of 3rd child (female) she filed a complaint claiming compensation of Rs. 3 lakh along with cost.

(3.) THE District Forum allowed the complaint and directed the doctor to pay Rs. 1 lakh as compensation along with cost of Rs. 1,000. Aggrieved by the order of the District Forum Dr. Dhanam filed an appeal before the State Commission. After going through the records of the District Forum, the State Commission held that the complainant conceived 8 years after tubectomy operation and as soon as the opposite party received the lawyer's notice she contacted the higher authorities who had sent a letter stating that the complainant would be given Rs. 5,000 in the event of a child being born subsequent to sterilization operation. State Commission allowed the appeal and dismissed the complaint.