FREDRICK JOHN Vs. A. RAJAGAM @ VELUSAMY
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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(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
(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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