M.THANIKACHALAM, J. - (1.) The complainants are the appellants.
(2.) Facts necessary for the disposal of the case:- Tmt.Nagarathinam, wife of the second complainant, mother of the first complainant, consulted the opposite party on 02.02.2007 at 11.30 a.m. since she had pain at the nap of neck. As prescribed, Tmt.Nagarathinam took the medicines and after consumption, severe pain had occurred at the nap of neck intolerably on the same day, which was reported over phone, for which, she was advised to admit, admitted at St.Luke?s Hospital immediately. On admission, the opposite party examined Tmt.Nagarathinam and even given infra red light treatment, but there was no improvement at all, pain has not subsidized and in fact, she became drowsy, gradually disoriented, which was explained,, that Tmt.Nagarathinam would recover soon and the symptoms are because of the medicines.
(3.) On 6.2.2007 at 6 a.m., when the first complainant reported to the doctor about the disorientation of her mother, he suggested some tests to be taken at N.M. Hospital, for which, the complainants are not agreeable and discharged Tmt.Nagarathinam, in order to admit her in Ramakrishna Hospital. The opposite party also gave a letter to Dr.K.R.Shetty, without furnishing the case history. At 10.30 a.m. on the same day, Tmt.Nagarathinam was admitted in the Ramakrishna Hospital, where it was diagnosed that she was suffering from Carbuncle at the nap of neck and due to the same, septicemia was caused, suggesting immediate operation on the very next day. But despite treatment, due to late admission and late diagnoses, respiratory depression formed and she died on 7.2.2007 at 1.25 a.m. due to cardio respiratory arrest secondary to septicemia and T2DM.;