BILLROTH HOSPITALS LTD. Vs. R. VIJAYALAKSHMI

JUDGEMENT

(1.) By this Revision Petition, Billroth Hospitals Ltd. (earlier named as Chennai Kaliappa Hospital), where a 15 year old boy had breathed his last, and its Managing Director, who had treated the deceased, call in question the correctness and legality of the order dated 15.9.2010, passed by the State Consumer Disputes Redressal Commission, Chennai (for short "the State Commission") in FA/385/2006. By the impugned order, the State Commission has affirmed the order dated 3.4.2006, passed by the District Consumer Disputes Redressal Forum, Chennai (South) (for short "the District Forum"). By the said order, while allowing the Complaint filed by the mother of the deceased, alleging medical negligence on the part of Petitioner No.2 (for short "the treating doctor"), in wrongly diagnosing and treating the deceased for suspected 'Measles', instead of Toxic Epidermal Necrolysis (TEN), the District Forum had directed the Petitioners to pay to the Complainant a compensation of Rs. 3,00,000.00 for the loss of life of her son.

(2.) On re-appraisal of the entire evidence, including the testimony of the Court witness, namely, Dr. V.R. Janaki, a Specialist in Dermatology, the State Commission has concurred with the conclusion arrived at by the District Forum to the effect that there was negligence in the treatment of the deceased on the part of the treating doctor, resulting in his death in the Petitioner Hospital on 11.7.2000, observing thus :

(3.) Hence, the present Revision Petition.