M.THANIKACHALAM, J. - (1.) The opposite parties are challenging the order of the District Forum, in CC.No.314/2007, on the file of Coimbatore, wherein a direction has been issued against them, to pay a sum of Rs.3 lakhs as compensation with cost, based upon medical negligence.
(2.) Brief facts: The complainant?s wife by name Sivakala, hereinafter called patient, was admitted in the 2nd opposite party hospital, run by the 1st opposite party/Doctor, for second delivery on 5.3.2007, though the expected date of delivery was originally fixed as 9.3.2007. As expected patient did not experience any pain of delivery, and therefore the complainant requested to discharge his wife, not conceded by the 1st opposite party. On the other hand, two nurses working in the hospital, have injected the patient, stimulating artificial pain, and thereafter the patient experienced pain from 4.00 p.m on 7.3.2007, on which date she delivered a male child, at about 5.49 pm. The complainant was informed both mother and baby are safe.
(3.) At about 7.00 p.m on the same day, two doctors from Ramakrishna Hospital, visited the 2nd opposite party, and at about 7.45 p.m, the 1st opposite party, informed the complainant that blood is required, and therefore he ran to the blood bank, to arrange for the same. Previously, the 1st opposite party has not informed, to make arrangement for blood, and that should be construed as negligence as well as deficiency in service. Even without providing ambulance, calling a call taxi the 1st opposite party sent the patient, to Ramakrishna Hospital for higher treatment, where she was declared dead on the way, even one our before. By the death of the patient, the complainant put to irreparable loss, mental agony, since he is shouldered with the responsibility of taking care of two children. Because of the negligence, defective service performed by the 1st opposite party, even without reserving the blood, and not properly treating the patient, the complainant lost his wife, for which he is entitled to compensation of Rs.4,50,000/-, which was demanded through legal notice, elicited only a false reply, thereby compelling the complainant to file this consumer complaint.;