G.RAVINDRA REDDY Vs. BYNA MOHAN BABU

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.222/2003 on the file of District Forum, Nellore, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant admitted his son aged 13 years studying 9th class on 13.8.2003 at about 9 a.m. for treatment of diarrhea in the dispensary run by the opposite party as boy was suffering from loose motions. The complainant submits that without undertaking any tests, six saline bottles were introduced to the body of the patient from 9 a.m. to 6 p.m. and the boy continued to suffer from diarrhea and at 7 a.m. the next day the introduction of saline was discontinued and tablets BACIP 250 mg., Sestill Flagy and Pacitam 2 were prescribed and they were being given from time to time . Even then the patient continued to have diarrhea. The opposite party did not choose to conduct the necessary tests to diagnose the actual disease. At about 1 p.m. the patient had 104 temperature and he was given a hot water bath though the patient was in shivering condition. The opposite party doctor advised the parents to take the boy to Nellore and gave a reference letter to Dr.B.Srinivasulu Reddy for further treatment . At about 4 p.m. the said doctor came to the hospital and observed the serious condition and immediately took him to emergency room for commencing the treatment but the boy died at 5.45 p.m. The complainant submits that it is only due to the negligence of the opposite party by giving the patient hot water bath while he was running 104 temperature and giving 6 bottles saline without proper tests, that the patient died. Hence the complaint seeking direction to the opposite party to pay an amount of Rs.5 lakhs towards compensation and to pay other costs.

(3.) The opposite party filed written version admitting that the boy was suffering from loose motions and running slight temperature was brought to the opposite party for treatment. The opposite party submits that the boy had injury on the back of his head and also on the head and the boy complained of dysphagia and was unable to see light also and closed his eyes and opposite party immediately advised the complainant to take the patient to Nellore. On two successive mornings the complainant approached the opposite party in relation to his son and the opposite party did not conduct any clinical diagnostic tests because the boy was neither admitted in opposite party clinic nor he was treated by the opposite party as out patient. The next morning when the complainant came again in his car with the patient lying in the back seat the opposite party found fault in the complainant for delay in taking the boy to Neurologist and gave a reference letter to Dr. Srinivas Reddy. He denies that the boy was admitted in their nursing home and the boy was ever administered saline. He further submits that the complainant did not file any documentary evidence to substantiate his case and there is no negligence on his behalf.