K. KOTAIAH IRAS Vs. DR. T. ANJAIAH

JUDGEMENT

(1.) Late Kumari Manasa daughter of the complainant/appellant aged about 15 years at that time, consulted respondent no.2 Dr. R. Narasimha Rao at Railway Hospital, Lalaguda, Secunderabad. He diagnosed that she was suffering from Lichen Planus and prescribed a topical steroid namely Dipsalic. She again visited respondent no.2 on 19.05.2005 after her blood test had been carried out. Her medication was changed and she was advised to take a medicine namely Dapsone. She again visited the hospital on 11.06.2005. At that time she was suffering from high fever and had rashes all over her body. She was admitted as an in-patient and came to be treated by respondent no.1 Dr. T. Anjaiah. On 17.06.2005, she was discharged from the railway hospital and referred to Yashoda Super Speciality Hospital, respondent no.3 in the complaint. She was treated at Yashoda Super Speciality Hospital till 21.06.2005 when she was discharged from there. Thereafter, she was treated at respondent no.6 Global Hospitals, Hyderabad. She breathed her last at Global Hospitals on 12.07.2005. Alleging negligence in her treatment by respondent no. 1 to 3 & 5 i.e. Dr. T. Anjaiah, Dr. R. Narasimha Rao, Yashoda Super Speciality Hospital and South Central Railway Hospital, the complainant approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted on several grounds including that it was barred by limitation and the complainant was not a consumer as defined in the Consumer Protection Act. On merits, it was alleged that there was no negligence or deficiency in the treatment of the daughter of the complainant.

(3.) The complaint having been dismissed by the State Commission vide its order dated 21.07.2010, the complainant/appellant is before this Commission by way of this appeal.