K MAMATHA Vs. D STEPHEN BABU

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 29.03.2013 in First Appeal No. 85 of 2012, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Circuit Bench at Vijayawada (for short "the State Commission"). By the impugned order, the State Commission has allowed the Appeal and set aside the order of the District Consumer Disputes Redressal Forum-II, Vijayawada, Krishna District (for short "the District Forum") directing the Opposite Party to pay an amount of Rs. 1,50,000.00 together with costs of Rs. 3,000.00.

(2.) The facts in brief, are that the Complainant's wife (hereinafter referred to as "the Patient") approached the Opposite Party doctor (hereinafter referred to as the "Treating Doctor") and underwent an Hysterectomy operation conducted by the Treating Doctor on 11.09.1999. It was averred that the Patient herein had approached the Treating Doctor several times regularly between 09.02.2000 to 17.04.2007 with complaint of fever, headache and cough. Thereafter, the Treating Doctor referred the Patient to Dr. Bhanu Prabhakar on 14.07.2007, who after examining the Patient suspected lung cancer and a biopsy was conducted at Indo-American Cancer Institute and Research Centre at Hyderabad and it was diagnosed that the Patient was suffering from 4th stage of lung cancer. It was averred that the Patient was treated from July 2007 to Nov. 2008 and has finally expired on 21.11.2008. It was pleaded that though the Complainant and the Patient visited the Treating Doctor several times between 09.02.2000 and 17.04.2007, complaining of cough and fever, the Treating Doctor failed to diagnose the ailment and also did not refer her earlier for proper diagnosis. It was stated that had the Treating Doctor diagnosed the cancer at an early stage, the chances of the Patient survival would have improved. The Complainant got issued a legal notice dated 08.02.2010, which was received by the Treating Doctor, but there was no response. Hence, the Complainant approached the District Forum seeking an amount of Rs. 10,00,000.00 towards medical expenses, Rs. 5,00,000.00 towards mental agony, Rs. 1,000.00 towards costs and other reliefs.

(3.) The Treating Doctor filed her Written Version contending that she had conducted hysterectomy on the Patient on 11.09.1999 and also that the Patient visited her clinic whenever she fell ill till the year 2007. It was averred that as per the memory of the Treating Doctor, the Patient complained of minor headache and fever for which she had treated her with utmost care and caution. Thereafter, in the month of April 2007, when the Patient complained of severe illness, she was advised to take an X-Ray and it was found that there was a lesion and abnormality in lungs and, thereafter, she had referred her to Dr. Bhanu Prabhakar who is a chest specialist. Subsequently, it was informed to the Treating Doctor that the Patient had died on 21.11.2008.