V.BHOOM REDDY Vs. DUGYALA PRABHAKAR RAO

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.40/1999 on the file of District Forum, Karimnagar, the opposite party preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainants wife suffered with uterus cancer in the month of June,1995 and was operated in Raja Rajeshwari Nursing Home by Dr.Hemavathi and after the operation she underwent Chemotherapy and Radiation treatment in BIBI Cancer Hospital, Hyderabad. Thereafter she was healthy for a period of 1 years and when she developed stomach ache she was shown to several doctors who diagnosed it as gastric trouble. Later on, her uterus was removed and radiation treatment was given but she once again developed stomach pain and she went to the opposite party hospital on 12.10.1997. Tests were conducted on 14.10.1997 and the opposite party informed the complainant that there was an irregular shaped dot which has to be removed and asked the complainant to arrange for Rs.20,000/- and subsequently the operation was done on 14.10.97. The complainant submits that he was informed that the opposite party simply opened the stomach and seeing the condition of the organs simply closed it and the patient was asked to remain in the hospital till 5.11.1997 and thereafter she was advised by the opposite party to go to Osmania General Hospital, Hyderabad and meet Dr.Rama Rao who is a Surgeon there. The patient was admitted on 7.11.1997 and was discharged on 11.12.1997 and the said doctor Rama Rao opined that the opposite party ought not to have opened the stomach and closed it without any surgery and there is no hope of survival of the patient and finally the abdominal wound started discharging the blood and finally the patient died on 7.1.1998. Though the ultra sound scan and other reports showed that the stomach pain was normal and she did not have any ulcer dyspepsia, it is only due to the negligence of the opposite party, that the complainant died . A police report was made on 12.1.98 and filed Writ Petition no.12429/98 before the Honble High Court against the Superintendent of Police, Karimnagar and Commissioner and Director, Vaidya Vidhana Parishad, Hyderabad but the said Writ Petition was dismissed on the ground that the opposite party was not impleaded. The complainant spent Rs.60,000/- in Sudha Nursing Home and Rs.50,000/- for taking his wife to Hyderabad for treatment. Hence the complaint seeking direction to the opposite party to pay Rs.4,50,000/- towards compensation and to pay costs.

(3.) The opposite party filed counter stating that the patient was suffering from Carcinoma of the intestines and mesentray for which surgery was done by Dr.Hymavathi at Raja Rajeshwari Nursing Home in the year 1995 and thereafter she took Radio therapy and Chemo therapy at B.B.Cancer Hospital, Hyderabad and after she suffered recurrent abdominal pains, she consulted various doctors who referred the patient to Dr.Prem Kumar and Dr.Nageshwar Reddy who stated that there was nothing wrong with the patient. The patient approached the opposite party after 2 months with a complaint of severe abdominal pain and the ultra sound scan of Sudha Hospital revealed the presence of distended loops of small gut with multiple fluid levels and gas shadows. X-ray was also taken which confirmed the diagnosis of A.C.Int. obstructions and the 2nd X-ray taken on 14.10.1997 showed that the acute intestinal obstructions were more advanced. This was clearly explained to the complainant and the high risk of 25% to 30% was also explained and on 13.10.1997 the complainant informed that he was taking the patient to Hyderabad on 14.10.1997 but subsequently met the opposite party and told them that what ever may be the risk they want the operation to be done . The opposite party denies that they simply opened the stomach and seeing the condition of the organs closed it. The opposite party explained the line of treatment as follows: