K.RAMACHANDRA RAO Vs. MINDALA VENKATESWARLU, GENERAL

JUDGEMENT

(1.) Being unsatisfied by the order dated 22.5.2006 passed in CD 1014/2004 by the District Forum III, Hyderabad, this appeal is filed by the appellant/complainant assailing the order as erroneous in not awarding compensation against the respondents 1, 3 to 5 and 7 and thereby sought for modification of the order fastening liability against the concerned doctors.

(2.) It is a case of medical negligence filed against the OPs 1 to 5 claiming compensation alleging medical negligence in not properly diagnosing and giving treatment to the complainants son when he was admitted in the hospital. As stated, the facts of the case disclose that the complainants son aged 17 years ( herein after referred to as deceased patient), fell sick on 30.10.2003. So the patient had consulted the Nursing Home of OP. 1 who after conducting blood test gave treatment for malaria. As there was no improvement, further clinical tests were done by OP. 1 which revealed that he was suffering from malaria as well as typhoid. As the body temperature rose to 105 degrees, the patient was shifted to Hyderabad on 3.11.2003 and admitted in OPs hospital for further treatment where after conducting further tests it was diagnosed that the patient was having infection in kidneys for which dialysis was done. On 4.11.2003 while taking blood sample from the left hand a needle was inserted and due to negligence in insertion it resulted in swelling for which it lead to deteriorating condition and thereby he was shifted to acute medical centre ward where transfusion of blood was done. The complainant was not allowed to see the patient. As the patient was put on sedation the patient was unable to express his problem or pain. There was swelling in the chest and the condition was further deteriorated. Seeing the deteriorating condition, the complainant decided to shift him to NIMS hospital, Hyderabad. There was undue delay in discharging the patient from OP. 2 hospital and the OPs. 2 to 5 doctors were negligent in treating the patient properly. After admission in NIMS hospital, the doctors expressed that the patient developed pulmonary edema which was not attended by the doctors in OP 2 hospital so the condition of the patient became critical and that there was on set of Dengue Haemorrhage fever after diagnosis. In spite of giving best treatment in NIMS hospital, the patient succumbed to the disease on 24.11.2003 and it was opined that was due to cardio pulmonary arrest. The OPs 1 to 8 resisted the case inter alia and they filed separate versions.

(3.) OP. 1, while denying the negligence attributed to him, has stated that the patient was diagnosed having malaria fever from 30.10.2003 to 3.11.2003 and thereafter the patient was got discharged to be admitted in OP 2 hospital for further treatment.