RAGHAVENDRA HOSPITAL Vs. KONDA THOMAS PRABHUDAS

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.543/2007, on the file of District Forum-III, Hyderabad, the complainant preferred F.A.No.299/2008 and opposite party preferred F.A.No.338/2008. As both these appeals arise out of the same C.D., both appeals are being disposed of by a common order.

(2.) The brief facts as set out in the complaint are that the complainant was the Heritage Health Card holder and consulted a Doctor at Reghavendra Hospital which is recognized by the Heritage Health Services and paid registration fee of Rs.225/- and it was diagnosed as a suspect case of acute Appendicitis. Based on the first consultant doctors findings, the surgeon had suggested admission into the hospital. The complainant submits that the surgeon had not taken into account the history of present and past illness and not examined the complainant and not suggested any investigations and diagnosed the case as Acute Appendicitis and that an emergency appendectomy operation was conducted on 7.8.2006. The complainant submits that the opposite party was negligent by not conducting pre-operative check or of any of the mandatory investigations such as blood group, blood sugar levels, ECG etc. and the said tests were conducted on the following day which revealed normalcy. The complainant was hospitalized for 3 days after surgery when he continued to experience discomfort and pain in the abdomen and he was discharged on 11.8.2006. The complainant submits that the opposite party had failed to furnish any details of the investigations, treatment of surgery and there has been no discharge summary given to him. The complainant submits that on 13.8.2006 at about 11 p.m. he had severe abdominal pain, difficulty in breathing and temperature of 105 degrees and he was admitted in the hospital at around 3 p.m. and was kept under observation for 48 hours and investigations were conducted and the condition of the complainant had deteriorated and he was diagnosed with peritonitis and septicemia and on 15.8.06 the attendants of the complainant were informed that the patient was in a serious condition and requested them to shift the patient to Care Hospital, Banjara Hills, Hyderabad and the opposite party arranged transportation to the said hospital along with reference letter addressed to Dr.Narasaiah. The complainant submits that in the early hours of 16.8.2006 emergency surgery of Laparotomy is conducted in Care hospital having conducted the preliminary investigations. The complainant submits that the Care Hospital had conducted the remedial necessary surgical procedures and saved his life and the complainant had to use Colostomy Bags attached to the abdomen to collect the stool through the bag with frequent changes until second surgery after further 30 days. Complainant was hospitalized in the ICU for 20 days and was finally discharged on 20.9.2006 and on 11.10.2006 he was readmitted for a second surgery of illeostomy reversal and was discharged on 18.10.2006. The complainant submits that due to the negligence of the opposite party he was hospitalized at Care Hospital for 3 months with innumerable suffering while incurring expenses of Rs.8 lakhs for the treatment. Hence the complaint seeking direction to the opp.party to pay compensation of Rs.20 lakhs with interest at 25% p.a. from the date of petition and to pay costs of Rs.25,000/- .

(3.) Opposite party filed version stating that the diagnosis was arrived by clinical examination and since the complainant was not suffering from any other problem CT scan was not taken and Ultra Sound Scanning, X-ray , blood test, ECG and clinical examinations were conducted to confirm the acute appendicitis . The opposite party submits that when the complainant readmitted himself on 14.8.2006 he was taken into ICU and all necessary investigations were conducted.