C UNNEEN Vs. C SUDHA
LAWS(KERCDRC)-2010-3-9
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 25,2010

C Unneen Appellant
VERSUS
C Sudha Respondents

JUDGEMENT

- (1.) APPELLANTS in Appeal No.194/09 are opposite parties 1 and 2 in OP No. 137/00 in the file of CDRF Malappuram. Opposite parties 1 and 2 the hospital and Gynaecologist are under orders to pay a sum of Rs.1,55,000/ - as compensation and cost of Rs.2,500/ -. The appellant in Appeal No.196/09 is the complainant in the OP who was sought for enhanced compensation and interest which has not been granted.
(2.) THE complainant in the OP has sought for a compensation of Rs.4.lakh and interest for the alleged lack of care and negligence on the part of the opposite parties ie the hospital, Gynaecologist, the Gastroenterologist and the Surgeon. The Forum exonerated the Gastroenterologist and the surgeon and ordered the hospital and the doctor to pay the amount of compensation. It was found that it was on account of the negligence of the 2nd opposite party/Gynaecologist that the complainant sustained perforation of the ileum that resulted in leakage of the faecal matter etc that resulted in peritonitis and septicemia and had to undergo multiple surgeries and prolonged hospitalization.
(3.) THE evidence adduced consisted of the testimony of PWs 1 to 3, DW1, Exts.P1 to P10 series, Ext.B1, Exts.X1 to X5. It is seen from the documents produced and from the pleadings that the complainant was admitted at the 1st opposite party hospital on 19/5/1999 as advised by the 2nd opposite party/Gynaecologist for hysterectomy. She underwent hysterectomy under spinal anaesthesia on 20/5/1999. On 21/5 and 22/5 she had no particular problems. But on 23/5 the 3rd day of the surgery she had vomiting and epigastric pain. The same continued on 24/5 as well. On 24/5 she was examined by OP3 the Gastroenterologist and medicines prescribed. On 26/5 it appeared that the problems subsided and on 27/5 she was discharged at about 12.30 noon. On the same day at about 10.pm she was readmitted on complaints of pain and vomiting. Her general condition was noted as poor. OP3 the Gastroenterologist on examination diagnosed it as duodenal perforation. On the early morning at 4.45 am on 28/5/1999 she underwent laparotomy as well as ileostomy. The Surgeon/OP4 noted post operative peritonitis and contamination of the peritoneal cavity was suspected. Faecal matter was removed and toilet done. On 3/6 she was referred to West Fort Hospital, Thrissur and on the same day she was admitted at West Fort Hospital and underwent laparotomy. It was found that she is having peritonitis and septicemia. After heavy medication she was discharged on 27/6 and readmitted on 22/7. On 23/7 ileostomy closure surgery/Colonoscopy was done and discharged on 3/8/1999.;


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