NALLAM CHANDRA SEKHAR REDDY R/O YERRASANIPALLE TAMBALAPALLI MANDAL CHITOOR ANDHRA PRADESH Vs. DR. DESAI THIPPA REDDY DESAI HOSPITAL NEAR RTC BUS STAND MANDAPALLE CHITOOR ANDHRA PRADESH

JUDGEMENT

(1.) The instant first appeal filed by the appellant-complainant under Sec. 19 of the Consumer Protection Act, 1986 is against the impugned order dated 17.3.2008 passed in Consumer Complaint No. 134 of 2002 whereby the State Commission dismissed the complaint.

(2.) The brief facts relevant for the disposal of the appeal are that the complainant's son, Nalla Nagendra Kumar, aged about 21 years, (since deceased, herein after referred as the 'patient'), was operated by Dr. Desai Thippa Reddy, (OP) for appendicitis on 8.10.2000. Patient did not get sufficient relief. The complainant again contacted OP On 17.10.2000 and 25.10.2000, for abdominal pain of his son. The OP prescribed medicines but there was no avail. Therefore, on 8.11.2000, patient was taken to Aragonda Apollo Hospital wherein he was investigated and told that the operation for appendicitis ought not to have been done without diagnosing the actual disease. On 13.11.2000, the complainant took his son to Devaraj Urs. Medical College at Kolar, Karnataka wherein he was diagnosed of cancer of liver i.e. Hepato Cellular Carcinoma (HCC). He underwent few cycles of Chemotherapy and during treatment, patient died on 5.7.2001.

(3.) Therefore, alleging the gross medical negligence which caused untimely death of his son, the complainant filed a complaint before the State Commission against the OP and prayed for Rs. 13 lakhs towards compensation and Rs. 5,000.00 towards litigation costs.