B NARASAIAH Vs. KANDE LAXMAIAH

JUDGEMENT

(1.) The wife of the complainant in C. D.30/91, namely Kande Lingamma was taken to the 1st opposite party i. e. Dr. B. Narasaiah of Amangal, Mahaboobnagar District as she was suffering from severe stomach pain and continuous vomitings on 15.7.1990. The 1st opposite party prescribed some medicines and the patient was asked to be brought after 4 (four) days. On 19.7.1990, the complainant and his wife went to the lst opposite party, who advised them to get an X-Ray. After seeing the X-Ray, the 1st opposite party diagnised that the complainant's wife was suffering from Chronic Appendicitis and advised operation. On 28.7.1990, the complainant's wife was admitted in Soujanya Nursing Home i. e.2nd opposite party and was operated by the 1st opposite party on the same day and was discharged on 8.8.1990. The complainant paid the necessary amount. But after four days, after discharge, the complainant took his wife to the 1st opposite party as she was having vomiting. The 1st opposite party prescribed some medicines and gave injection and the complainant's wife was thereafter taken for doctor's treatment two or three times within 22 days. As the health of the complainant's wife was deteriorating, on 2.9.1990 the 1st opposite party advised the patient to be taken to Osmania General Hospital, Hyderabad. According to the complainant, the Dy. Medical Officer who examined her got anguish regarding the mode of treatment and surgery done by the 1st opposite party and after testing he diagnised that the complainant's wife was suffering from Cancer. She, thereafter underwent two operations and after the 2nd operation, she expired on 15.9.1990. Alleging that due to wrong diagnising that the complainant's wife was suffering from Appendicitis and conducting operation for Appendicitis by the 1st opposite party, the complainant's wife died, the complainant, claimed a compensation of Rs.75,000/- including the costs of medicines and other expenses from the 1st opposite party with costs.

(2.) The 1st opposite party filed a counter stating that he advised the wife of the complainant to undergo surgery, as she was suffering from Chronic Appendicitis and that to rule out the real or uretericstone which some time mimios Appendicitis. X-Ray was taken and as she expressed her unwillingness to go to Hyderabad for the surgery and insisted to prescribe some medicines. So a course of antibiotics and antiinflamatory drugs were given to her and she went to her village. Again she was brought to the 1st opposite party on 29.7.1990 with severe pain. Then the 1st opposite party advised emergency surgery, but due to administrative reasons as the same could not be performed in Primary Health Centre in which the 1st opposite party is working, the patient was admitted in the Soujanya Nursing Home i. e.2st opposite party's Nursing Home and the 1st opposite party operated and the inflamed Appendicitis was removed and sent for Histopathological examination which confirmed the diagnosis of the acute appendicitis. Some time after she was discharged she was again brought to the 1st opposite party once or twice for routine check up, but she did not complain any pain. It was only on 1.9.1990 she again came with vomitings and was found to have distension of her abdomen and no mass fell through rectal examination. She was managed conservatively for submitted intestinal obstructions with fluids and nasogastric aspirations, but as there was no relief due to these medicines, she was referred to the Osmania General Hospital for further management. As she was admitted in Osmania General Hospital and as she actually died on 15.9.1990 in Osmania General Hospital after two operations, the diagnosis made is correct and there is no negligence on the part of the 1st opposite party in removing the Appendicitis. Hence there is no negligence or deficiency of service on the part of the 1st opposite party.

(3.) The complainant gave evidence as PW 1 and Exs. A-l to A-7were marked on behalf of the complainant. The 1st opposite party was examined as RW 1 and Exs. B-l to B-12 were marked and the Case Sheet of the Kande Lingamma maintained by the Osmania General Hospital was marked as Ex. C-1.