M.APARNA, PRIVATE MEDICAL PRACTITIONER Vs. GHOUSIA BEGUM BEING PHYSICALLY & MENTALLY CRIPPLED

JUDGEMENT

(1.) The appeal is filed by the opposite party challenging the order of the District Forum, Khammam in C.D.No.367 of 1996 whereof the respondent was directed to pay an amount of Rs.3,00,000/- to the respondent.

(2.) Briefly stated the facts of the case are that the respondent had approached the appellant on 12.4.1995 with complaint of pain in her abdomen. The appellant after examining the respondent advised her for hysterectomy which was performed upon the respondent on 13.4.1995 and during the time the operation was performed the respondent developed cardiac arrest and she was resuscitated. The respondent stated to have developed fits and was unconscious from 13.4.1995 to 19.4.1995. The appellant is said to have performed the operation upon the respondent without being bothered about the fitness of the respondent to undergo the operation. The circulatory system and nervous system of the respondent completely collapsed and she has been bedridden since her movements have been restricted. The respondent was referred to NIMS where she was treated but without any improvement. The respondent stated to have been incapacitated and has become totally dependent on others. She has not been in a position even to move out. Prior to the time of operation the respondents condition was good which subsequent to the operation has become worse.

(3.) The respondent is not able to attend any work through out her life. The respondent instead of being helpful to her husband, she has become dependent on others and she cannot discharge her duties as a household woman throughout her life. As there are nobody in her family the respondent was compelled to depend upon others. The respondent has got issued legal notice to the respondents in response to which the respondent has given reply.