A J DEVARAJAN Vs. MANAGEMENT OF GUEST HOSPITAL

JUDGEMENT

(1.) The case of the complainant is that his son Karthikeyan aged 20 years was admitted in the 1st opposite party Hospital on 14.8.1995 as an emergency case for the treatment of renal failure under care of the 2nd opposite party who is the consultant there. The complainant's son was given dialysis emergently. As his son was given more dialysis than actually needed, his condition deteriorated. He developed fits on 19.8.1995, on the date of discharge, at 10.30 a. m.

(2.) Because of the excessive dialysis, the complainant's son developed fits and the Doctors of the 1st opposite party failed to attend on the patient and oxygen was not given as the cylinder was not working in the Hospital. The complainant was told by the Hospital Authorities that the oxygen cylinder did not work. The doctor attended on the patient only at the last moment to pronounce his death. The said Karthikeyan died at 8.05 p. m. on 19.8.1995.

(3.) After developing fits from 10.30 a. m. till 8.00 p. m. , the patient was not attended properly. Due to the gross negligence of the opposite parties which amounts to deficiency in service, the complainant's son died. The 1st opposite party is vicariously liable for the negligence and careless service of the doctors who attended on the patient. The 2nd opposite party and other doctors who attended on the patient were also liable for the deficiency in service.