FREDRICK JOHN Vs. A. RAJAGAM @ VELUSAMY
LAWS(TNCDRC)-2010-1-7
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 12,2010

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) M. Thanikachalam J, President 1. First and second opposite parties in O.P.10/2000 on the file of District Consumer Disputes Redressal Forum, Sivagangai, are the appellants.
(2.) Tmt.Devarani @ Muthupetchi (herein after called patient) is the wife of the first complainant and mother of minor complainants 2 and 3. She was admitted for ailment of continues bleeding in the uterus in the first opposite partys hospital viz., Johns Medical Centre, on 29.08.1999, in view of the fact, when consulted, she was directed to be admitted as inpatient, on the assurance given by the first opposite party, that upon operation, the bleeding would be arrested. The patient was operated on 02.09.99, not by the first opposite party as assured, whereas, the operation was conducted by the opposite parties 2 to 4 without the consent and knowledge of the complainants and the patient. The opposite parties, before operation have not conducted necessary tests and based upon old scan, the operation was fixed, which shows the negligence. After operation, the patient complained of acute pain in the abdomen, when the same was brought to the knowledge of the first opposite party, she has not clinically ascertained the cause of pain and even thereafter no proper treatments were given. Once again, without the knowledge of the patient as well as the first complainant, another operation was conducted, that too, not adopting proper care and efficiency. If the first operation had been performed, according to normal standard, there would not have been any chances for second operation, which by itself would suggest, there was negligence and deficiency on the part of the opposite parties.
(3.) On 04.09.99, the patient suffered breathing problem due to the negligent and improper surgery. Even the request of the first complainant to shift the patient, for proper and better treatment or to get experts opinion was evaded lethargically by the first opposite party, thereby, exposing the carelessness, negligence and deficiency in service, resulting death of the patient on 05.09.99.;


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