M.THANIKACHALAM, J. - (1.) The 1st opposite party, having suffered a direction in the hands of the District Forum heavily, has come before this commission, challenging the said order dt.14.3.2008 inCC.No.64/2007, on the file of District Forum, Theni.
(2.) Tmt. Jothi, wife of the 1st complainant, mother of complainants 2 and 3, was suffering from fever, and intense body and joint pain, for which she approached the 1st opposite party for treatment, on 29.8.2006, who administered, without examination, an injection in the left buttocks, causing pain and swelling As advised, she went to the 1st opposite party for review on 31.8.2006, and without examining, he administered second injection in the buttocks. At the time of giving injection, which was said to be Voveran, the first complainant has not exercised proper care, and skill whereas by his negligent act, caused excruciating pain and swelling.
(3.) As informed/ advised/ instructed by the 1st opposite party, since neither fever, nor swelling subsided, the patient was taken to 2nd opposite party hospital on 2.9.2006, where she was diagnosed as, suffering from diabetes mellitus, finding fault the injection was given by the 1st opposite party, which had caused septic. After preliminary treatment, the patient was referred to 3rd opposite party hospital and she was admitted on 3.9.2006 at 5.15 a.m. The cellulites was extending from let iliac Fossa to the left thigh, gluteal region, and upper 1/3rd of let thigh, for which, despite treatment given, the patient died on 4.9.2006 at 7.15 p.m., and the cause of death is classified as "injection abscess/ gas producing organism/ severe septicemia./ HT secondary to cardiac arrest". But for the injection abscess and septicemia, the patient would not have died, for that the act of the 1st opposite party should be held as negligent. By the untimely death of the wife, the 1st opposite party had lost the consortium, and other complainants lost motherly affection, as well family income also, since she was working, earning not less than Rs.5000/- per month. For the treatment of the patient also, the complainant had spent more than Rs.1,25,000/-. Under the above said circumstances, for the deficiency committed by the 1st opposite party alone, the complainants are entitled to recover a sum of Rs.125000/-, towards medical expenses, a sum of Rs.5 lakhs towards mental agony, and a sum of Rs.9 lakhs towards the loss of income, and a sum of Rs.5000/- towards cost, with interest Hence the complaint.;