M.THANIKACHALAM J. - (1.) A fabulous claim of Rs.18 lakhs, based upon the alleged medical negligence on the part of the opposite parties, was negatived by the District Forum, resulting this appeal, asserting the same for redressal.
(2.) The appellant/complainants son by name Suresh was having vomiting and dysentery on 16.06.2004, for which, he was taken to the first opposite partys hospital, for treatment though he is an ENT Doctor. The first opposite party examining the son of the complainant, informed that Suresh is suffering from Appendicitis, for which, immediate operation should be performed, even informing, failure to do so, that may cause danger to his life. Despite, two days time was sought for, because of the insistence of the first opposite party, by paying a sum of Rs.2,000/-, he was admitted in the hospital on 16.06.2004 at about 4 p.m. and operation was performed at about 09.05 pm. After operation, though he was brought to the room, Suresh has not awoken up, he was unable to speak and his left hand became immobilized, than he lost his sight also. When the suffering of the Suresh was complained to the opposite party, he assured that the problems will be solved, but without solving the problem, collecting the amount, he was discharged on 26.6.2004.
(3.) On 28.06.2004, since the problem continued, when the complainant contacted the opposite party, he gave two letters, asking the complainant to take her son to Sivaganga Government Hospital, where they refused to admit her son, resulting, the complainant taking her son to the Government Rajaji Hospital, Madurai on 5.7.2004. Though the complainants son was given treatment, the problems were not solved and in fact, the doctors in Madurai Government Hospital have informed, that the complications have occurred due to the operation performed by the opposite parties. Unable to cure the disease, Suresh was discharged on 15.7.2004 and on the way to the house, he died on the same day. Because of the medical negligence committed by the opposite parties, in performing the surgery, being not qualified, the complainant had lost her son, who was doing 12th standard, thereby causing untold sufferings, mental agony, for which deficiency, the complainant is entitled to claim a sum of Rs.18 lakhs.;