RAVINDRA PADMANABHAN (DR.) Vs. LAKSHMI RAJAN AND ANOTHER

JUDGEMENT

(1.) Appellant was the second opposite party before the State Commission, where the first respondent Mrs. Laxmi Rajan was the complainant.

(2.) Very briefly the facts leading to filing the complaint were that the complainant noticed development of a painful lump in her breast for which she consulted a Physician Dr. P.K. Srinivasan, from wherein she was referred to the second respondent Malar Hospital. She was examined by a physician of the hospital on 25-7-1992. The painful lump was diagnosed to be "Fibro Adenoma" of the left breast and the complainant was advised mammogram and excision biopsy. The mammogram was done on 31-7-1992 which showed two well defined nodules in the left breast with features of Fibro Adenoma. The complainant was again admitted in the Malar Hospital on 3-8-1992. On 4-8-1992 an ultrasound study of the ultra abdomen was done. While it revealed other things to be normal but it revealed the uterus of the complainant to be anteverted and ovaries normal and here was no indication of a Pro-lapsed or descended uterus. The complainant was operated upon by the appellant (since deceased) on 5-8-1992. It was her complaint that when she regained consciousness she was shocked to be told by the appellant that her uterus has also been removed. While in the complaint several other allegations were made with regard to surgery and postoperative treatment/care but these complaints were withdrawn during the course of argument and the same is also noted by the State Commission in its order. Action of medical negligence which survives for the consideration was whether the total hysterectomy/removal of uterus was called for and was in order as per medical ethics or not. It is in these circumstances alleging medical negligence a complaint was filed before the State Commission.

(3.) The State Commission, by a majority judgment, while not holding the hospital guilty of any medical negligence, appellant alone was found negligent for which the State Commission allowed the complaint and awarded a compensation of Rs. 2,00,000/- along with cost of Rs. 2,000/-. It is note-worthy that a professional lady Member being qualified doctor passed a separate order dismissing the complaint along with cost of Rs. 1,000/-. Aggrieved by this order this appeal has been filed before us.