M.THANIKACHALAM J. - (1.) The opposite party having suffered an adverse order in the hands of the District Forum at Krishnagiri in COP.29/2006, challenges the same in this appeal.
(2.) The complainant had taken treatment from the opposite party, treating her as family doctor for many years. On 23.08.2004, she was admitted in the hospital of Dr.Prabhakaran, in which, the opposite party was working, for delivery. On 24.08.2004, the complainant delivered a female baby and at that time to administer intravenous fluids, a needle was inserted on the left hand, which had caused problem, resulting not only prevention of the blood, but also other complications, which was reported to the doctor not attended. After discharge, the complainant was referred to R.K.Hospital for further treatment, where the complainant had taken treatment for more than 1 years for the problems, which was caused by the negligent act of the opposite party, as well by deficiency in service. Thus by the deficiency in service rendered by the opposite party, the complainant was put to mental agony and claiming compensation, notice was issued, not even replied, thereby the complainant was constrained to file the case, claiming a sum of Rs.5 lakhs as compensation.
(3.) The opposite party questioning the medical negligence alleged, as well denying the deficiency pleaded, opposed the case inter alia contending that the case is barred by limitation, that during the difficult phase of labour, intravenous fluid was started and due to writhing in pain and movement of the body by the complainant, there would have been minor displacement out of blood vessel, for which, immediate attention was given, rendering treatment even stopping the drip, which cannot be labeled as deficiency in service, because of the fact, she was discharged from the hospital without any complication that the complainant was saved totally without any deformity except for minor affection over the tip of index and thumb, which was also rectified subsequently, that for known complication, if any happened, the opposite party cannot be held responsible, thereby praying for the dismissal of the complaint.;