P. V. GEORGE Vs. C. P. MOHANAN

JUDGEMENT

(1.) Aggrieved by the order dated 09.01.2012 in OP No. 87/99 passed by the State Consumer Disputes Redressal Commission, Kerala (in short "the State Commission"), the Opposite Parties 1 to 3 preferred this Appeal under Section 19 of the Consumer Protection Act, 1986 (in short "the Act"). By the impugned order, the State Commission has partly allowed the Complaint directing the Opposite Parties 1 to 3, jointly and severally, liable to pay to the complainants a sum of Rs.15,00,000/- by way of compensation with future interest @ 9% p.a., along with costs of Rs. 10,000/-.

(2.) Briefly put, the facts in the instant case are that the first Complainant, the husband of the deceased patient, Vasanthakumari, who was pregnant, admitted his wife, in the second Opposite Party Hospital, on 21.07.1997 as advised by the first Opposite Party. On 24.07.1997, the patient Vasanthakumari, was given gynetocia/pitocine, an oxytocine to induce labour. She delivered a female baby on 24.07.1997 at 7.08 PM and post-delivery, the patient complained of chest pain. It is pleaded by the Complainant that neither the first or the third Opposite Party or any doctor of the Hospital were present to attend to the patient, post-delivery, particularly, when the patient was suffering from chest pain; there was over-writing and correction of time as 1.40AM from 1.45AM; the first Opposite Party came to the Hospital only at 9.30PM and examined the patient. He prescribed 'ranitidine' injection and suggested that the pain was only due to gas trouble and again left the Hospital without suggesting any further tests/ECG, etc. Thereafter, the condition of the patient deteriorated and the duty nurses informed the first Opposite Party over phone, but he did not chose to attend to the patient immediately, but came to the Hospital only after getting the information that the patient had passed away, i.e. at 1.45AM on the morning of 25.07.1997.

(3.) The first Opposite Party averred that he came to the hospital and saw the patient at about 9.15PM on 24.07.1997 and prescribed some medicines and again came to the Hospital at around midnight and enquired about the patient; the patient was not having any complaint and was resting; that at about 1.20AM on 25.07.1997, the patient complained of general weakness; the first Opposite party and the third Opposite party reached the Hospital immediately and saw the patient collapsing and gasping; on seeing signs of pulmonary oedema, they gave oxygen supply and drip to the patient and thereafter external cardiac massage was tried, but the patient could not be revived and passed away at 1.45 AM. Further, the nurses' notes reveal that the patient was given oxygen inhalation at 1.30AM on 25.07.1997 and within a short span of 15 minutes or so, the patient died at 1.45AM. The nurses' notes further reveal that the B.P. was recorded every half-an-hour, till 12 O' clock in the night; and that after administering 'ranitidine' injection, the patient was relieved from chest pain. It is averred that there is no requirement of and it is not the practice to record such negative evidence, but only if the pain persisted, then the complaint needs to be recorded to proceed further medication or investigation.