B.KRISHNAMURTHY Vs. MULTI SUPER SPECIALTY DENTAL HOSPITAL

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.17/2007 on the file of District Forum-II, Tirupati, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainants wife Smt.Santhi Priya aged 53 years and a known diabetic was suffering from pain in the upper right back teeth for some days and on 21.9.2006 she consulted opposite party no.2 who is the Proprietor of opposite party no.1 hospital and she was treated as an out patient. Opposite party no.2 extracted two teeth in upper right back portion of the patient and the complainant submits that no consent was taken to administer anesthesia and she was also not informed of the risks. The opposite party no.2 also did not take into consideration her previous history and did not undertake any tests to check the sugar levels in her body when the patient was a known chronic diabetic. The patient developed complications of swelling in the right cheek and pain in jaw which was radiating to the eye and the head within 48 hours of extraction of teeth and the doctor gave a prescription which is undated but there was no progress in the health till 25.9.2006. The X-ray was taken on this day and the opposite party no.2 referred her case to ENT Surgeon called Dr.P.Sasikumar who diagnosed her case as unilateral maxillary sinusitis post extraction, molars and gave prescription. On 26.9.2006 the complainant took his wife to Partha Dental Hospital and Research Centre for second opinion where she was advised to be admitted by the ENT Surgeon. On their advise the patient was referred to Swarna ENT Super Specialty Hospital, Tirupati on 27.9.2006 and she was advised for scanning of para nasal sinusitis and brain. Based on the reports he called for a physician named Dr.I.V.Ramachandra Rao who referred her to a Neuro Physician and surgeon Dr. T.M.Nagesh and he was consulted on 28.9.2006 at Padmavathi Multi Specialty Clinic, Tirupati and an MRI was taken on 29.9.2006 and as her condition deteriorated, she was admitted in SVIMS and thereafter she was referred to CMC Hospital, Vellore on 30.9.2006. By then the patient was gasping and in an unconscious stage . At CMC Hospital the doctors expressed that the infection quickly spread to the brain damaging the right eye and no surgery could be attempted because of the high risk and the patient was discharged on 1.10.2006. Again the patient was taken back to Tirupati and admitted in S.V.R.R.G.G. hospital Tiruapti on 2.10.2006 and she ultimately died on 4.10.2006. The complainant submits that it was only because of the negligence of the doctor by extracting the teeth without conducting necessary tests and taking proper precautions that had led to her death. Reasonable degree of skill and care was not exercised by the doctor and hence the opposite parties 1 and 2 are liable to pay 15 lakhs together with costs of Rs.2000/-.

(3.) The opposite parties in their counter contended that the patient Smt.Santhi Priya i.e. the complainants wife never visited their clinic and never took treatment with them and the opposite party ticket which was produced was not issued by the respondents/opposite parties and that the opposite party ticket was created for the purpose of filing this false complaint. The second opposite party is a qualified dental surgeon and is practicing for the last 24 years and has nothing to do with this case since he never treated the patient and denied all the allegations made in the complaint.