T.Y.VISWAROOPACHARI Vs. CHEKURI VIJAYA SIMHA CHOWDARY
LAWS(NCD)-2020-3-14
NCDRC
Decided on March 02,2020

T Y VISWAROOPACHARI Appellant
VERSUS
CHEKURI VIJAYA SIMHA CHOWDARY Respondents

JUDGEMENT

S. M. Kantikar, Presiding Member - (1.) The complainant's wife C. Padmavathi (for short referred as 'patient') was admitted in Sri Veerabrahmendra Nursing Home run by Dr. T.Y. Viswaroopachari (OP) at Nandyal with the complaint of ulcerous growth on lower part of right leg. Routine pre-operative tests were done in the diagnostic centre run by the OP and medicines were also prescribed to purchase from the medical shop attached to the hospital. She was discharged from hospital on 26.08.2010 and called for follow-up after four days. However, on 28.08.2010, she was taken to Vishwabharathi Super Speciality Hospital at Kurnool wherein she was diagnosed as suffering from septicemia and encephalopathy. Also complicated malaria and metabolic encephalopathy was suspected. However, for the treatment of serious complications, patient was advised to go to higher centre at Hyderabad. Therefore, on 29.08.2010 evening the complainant took his wife to Yashoda Hospital at Secunderabad and admitted there. After some investigations, treatment was started, but on the next day on 30.08.2010 she was declared dead at 3.00 pm. After the demise, the dead body was brought back to her village and cremated. The complainant alleged medical negligence in the diagnosis and treatment from the OP causing death of the patient. The negligence of OP was confirmed from the medical records of Vishwabharathi Hospital and Yashoda Hospital. The complainant filed a consumer complaint against the OP before the District Forum, Kurnool and prayed for compensation of Rs. 20 lacs. The complainant also initiated criminal proceedings against OP under Section 304-A IPC.
(2.) Before the District Forum the complaint was resisted by the OP by filing a written version. OP denied all the allegations. The initial ground was that the complaint was not maintainable. According to OP, patient was not admitted in its hospital. He did not perform any operation. There was no ulcerous growth on the right leg of patient. The patient gave history of suffering from an ulcer over right leg for one month. The ulcer about 1 1/2" X 2" was noted on the lateral aspect of lower part of right leg. OP cleaned the wound and put dressing with Atramen-C. OP advised few blood tests and prescribed antibiotics, vitamins & other medicines. The blood parameters were normal. Urine Albumin-2+. Patient was treated as an out-patient on that day. The patient expressed her inconvenience to come daily for dressing. Therefore, on 20.08.2010 she requested for admission to the hospital, thus she was admitted till 26.08.2010. Every day cleaning and dressing was done. On 23.08.2010, she developed fever of 100 degrees. Blood test for malaria was negative; the dose of antipyretic was increased. On 25.08.2010 after dressing of wound she attended at Koilakheta court and returned in the evening. In the morning of 26.08.2010, the patient showed symptoms of jaundice. Her blood tests revealed a viral jaundice and as for the treatment of jaundice doctor's daily supervision was not needed, therefore patient was discharged on 26.08.2010 and called after five days for follow up. The patient was advised not to take native medicine at her village. The OP denied any wrong diagnosis or wrong treatment to the patient. The OP further contended that the Vishwabharathi Hospital suspected malarial encephalopathy, but could not give definite diagnosis of septicemia till 29.08.2010. The opinion of doctors at Yashoda Hospital about septicemia was not definite but it was the suspected cause of death.
(3.) The District Forum on hearing both the parties held that the complainant failed to establish negligence from on the OP and dismissed the complaint.;


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