M.THANIKACHALAM J. - (1.) The opposite party having suffered an adverse order, in the hands of District Forum, Trichy, in O.P.No.35/2003, has challenged the said order, in this appeal.
(2.) The complainant/respondent, was admitted in the opposite party/ appellants, hospital for second delivery on 8.1.2002. She delivered a male baby, on 10.1.2002, and at that time the opposite party used forceps, causing some complications, which was later diagnosed as recto vaginal fistula. This complication had arisen, as a result of the negligent methods adopted by the opposite party, at the time of delivery. Later, she informed that the birth canal, would get normalized in few days. Believing faithfully, the assurance of the opposite party, the complainant was discharged on 18.1.2002.
(3.) Because of the continuation, of the problem the complainant was unable to attend her normal work, not able to even control the motion, for which, she had been to Government Hospital, Trichirapalli, where she took treatment, for 1 months, without any improvement. Thereafter finding no other way, the complainant approached Sushrutha Nursing Home, where the complainant was treated by Dr.Venkatesan, informing that the problem had occurred to the complainant, due to the negligent act committed at the time of delivery, and subsequently not advising properly. In the nursing home, after intensive treatment, the complainant was brought to normalcy. In view of the fact, that the opposite party had not chosen to advise the complainant properly, and discharged from the hospital with infection, further complication had resulted, for which the complainant was constrained, to take treatment by spending a sum of Rs.90000/-, which is liable to be reimbursed by the opposite party, in addition to compensation for mental agony. Claiming damage, notice was issued, which elicited only a false reply, thereby the complainant was constrained to file a case, for the recovery of a sum of Rs.25000/-, for negligent and careless treatment, for the recovery of a further sum of Rs.90000/-, for the expenses incurred, as well a further sum of Rs.70000/- towards mental agony, loss of income, etc., Hence the claim.;