ROHINI HOSPITAL Vs. P SHASHIKALA

JUDGEMENT

(1.) -PETITIONERS were the opposite parties before the District Forum, where the respondents/complainants had filed a complaint alleging medical negligence on the part of the petitioners.

(2.) VERY briefly the facts of the case are that one Narender Reddy, husband of the respondent/complainant No. 1 and father of respondent Nos. 2 and 3, was got admitted in the petitioner Hospital after developing some pain in abdomen, whereupon he was operated. On the second day of the operation, when the deceased was suffering from severe pain, the respondents approached the petitioner, who assured them that the patient shall be all right but instead of improving, his situation got worse and in the meantime it was noticed that the second petitioner, who was the surgeon, could not be contacted as he was not available. It was the case of the complainants that for lack of attendance, post-operative care, the deceased was finally referred to Nizam's Institute of Medical Sciences (NIMS), Hyderabad, wherein he died after ten days on account of negligence on the part of the petitioners. It is in these circumstances, complainants filed a complaint before the District Forum. The matter was contested. Parties filed their evidence and expert evidence was also led. The District Forum after thorough examination of the material on record, allowed the complaint and directed the petitioners to pay Rs. 30,000 towards consultation charges, operation expenses, medicines, etc. and Rs. 3 lakh as compensation. This amount was to carry interest @ 15% p. a. from 9. 4. 1996 till the date of deposit. Aggrieved by this order, petitioners filed an appeal before the State Commission, who after hearing the parties and perusal of material on record, dismissed the appeal. Hence this revision petition before us.

(3.) WE heard the learned Counsel for the parties at length and also gone through the material on record.