RAJ KUMAR AGARWAL Vs. FARHAT HOSPITAL, REP. BY DR.FARHAT HISAMUDDIN

JUDGEMENT

(1.) The complaint is filed seeking direction to the opposite parties no.1 to 6 to pay an amount of Rs.11 lakhs towards compensation for physical shock and mental agony, Rs.11 lakhs for loss of amenities of life, Rs.3 lakhs to the complainant no.1 for the loss of matrimonial comfort and Rs.5 lakhs to the complainants no.2 and 3 for the loss of love, affection and motherly superintendence and Rs.two lakhs towards medical expenses and Rs.25,000/- towards the legal expenses.

(2.) The averments of the complaint are that the complainant no.1 got married to Smt Rekha Agarwal on 7.12.1996. After the marriage they were blessed with the second complainant on 1.6.1999. The second complainant was born through caesarian section in the opposite party no.1 hospital and during the delivery the wife of the complainant no.1 had a minor fluctuation of blood pressure which was explained by the doctors of the opposite party no.1 hospital to be a normal situation for a woman who undergoes for the first delivery. The wife of the complainant no.1 was admitted to the first opposite party no.1 hospital on the advice of the second opposite party on 19.3.2006. On 20.3.2006 the second opposite party advised for caesarian section as there was no possibility of improvement in labour pain. About 9 a.m. on 20.3.2006 the wife of the complainant no.1 was taken to the operation theatre for performing caesarian section and at 10.30 p.m. the second opposite party informed the first complainant that a male child was born.

(3.) The wife of the complainant no.1 was not brought out of the operation theatre after two hours of the caesarian operation. The staff of the first opposite party hospital informed the complainant no.1 at 12.30 p.m. that his wife developed some breathing problems and manual oxygen was introduced to her as the opposite party no.1 was not having automatic oxygen inhaling system. At 1 p.m. the complainant no.1 and his father were allowed to see the wife of the first complainant who was on manual oxygen. The doctors in the opposite party no.1 hospital had not informed the complainant no.1 that his wife suffered cardiac arrest and a cardiologist visited the opposite party no.1 hospital. At 4 p.m. the management of the opposite party no.1 hospital negotiated with the opposite party no.6 hospital and the second opposite party insisted on the complainant no.1 to give his consent to shift his wife to Yashoda Hospital Malakpet and she was informed that there was no regular or automatic ventilator in the opposite party no.1 hospital which was essential since his wife suffered from breathing problem. The opposite party no.1 hospital had informed the complainant no.1 that the problem would be cured in a couple of days since his wife developed the breathing problem due to anxiety during the surgery. Believing the version of the opposite parties no.1 and 2 the complainant no.1 had given consent on 20.3.2006 for shifting of his wife from the opposite party no.1 hospital to the opposite party no.6 hospital.