V.VENKATESWARLU Vs. ADAPA KUMARAIAH

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.12/2005 on the file of District Forum, Khammam, opposite party No.3 preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainants son was taken to Primary Health Care Centre of opposite party No.1 on 28-8-2003 since the complainants son was suffering from fever. Opposite parties 1 and 2 examined the patient and prescribed some medicines but thereafter the patient suffered from throat pain and stomach pain and was again was taken to opposite party No.1 hospital. Opposite party No.1 advised the complainant to take their son to Government Hospital, Sattupalli as they are having some urgent work in Bhadrachalam. The complainant submits that without examining the patient, they had advised him to take his son to opposite party No.3 hospital who was working there on contract basis. Opposite party no.3 examined the patient at his wifes clinic and advised the complainants to take the patient to Government Hospital, Khammam. On the same day, the complainants brought the patient to Government hospital, Khammam and got him admitted there. The complainant submit that they repeatedly requested opposite party No.4 to treat the patient but opposite party no.4 bluntly refused stating that he cannot treat free of cost and only because timely treatment was not provided to the patient, he collapsed in the hospital itself on 30-8-2003 and the complainant narrated this incident to the District Collector who ordered suspension of opposite party no.4 doctor and directed the police to register a complaint against opposite party No.4. The complainants contend that it is only because of the negligence of opposite parties 1 to 4, that they lost their only son and bread earner. Hence the complaint seeking direction to the opposite parties to pay Rs.5,00,000/- which includes medical expenses, compensation and costs.

(3.) Opposite parties 1 and 2 filed their written version contending that on 29-8-2003 at 10.00 A.M. the complainants brought their son to PHC with high fever and pain in the throat and abdomen. Opposite parties 1 and 2 examined the patient and gave him IV lifeline with ringer lactate, Cifron IV, Paracitimol injection Diclofenace, Tab.Domstal, Inj. Ecodran and Inj. Ranidine. As his condition was deteriorating and there were no equipment and investigation facilities in PHC, Dammapet, they advised the complainant to take the patient to Government hospital Sattupalli and submit that there is no negligence on their behalf.