BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD

F.A.No.803 OF 2008 AGAINST C.C.No.16 OF 2006 DISTRICT FORUM SANGAREDDY AT MEDAK DIST

Between:

Meena W/o Rambabu
Aged about 25 years, Occ; Private Teacher
R/o H.No.3-5-48/c, Opp.New Bus Stand
Snagareddy, Medak District

                                                       A N D

Dr.Shylaja Occ:Doctor
O/oBalajiSpecialtyHospital
Near Telephone Exchange
Sangareddy, Medak District

Counsel for the Appellant                    

Counsel for the Respondents

QUORUM:  SRI SYED ABDULLAH, HON’BLE MEMBER  

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

WEDNESDAY THE TWENTY THIRD DAY OF MARCH

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                               1.    St. JosephSchool  

2.         On the same day the appellant was admitted to Jyothi Mother andChildHospital   dilation and curettage (D&C) 

3.         

4.       

5.    

6.    

1)               Whether the respondent had committed any medical negligence in administering treatment to the appellant?

2)               To what relief?

7.      

8.             

9.    Hospital   

10.      Govt.Hospital, Sanga Reddy and Jyothi Mother andChildHospital, Sangareddy would show that three units of  Govt.Hospital establish that the appellant suffered complications on account of incomplete abortion performed by the respondent and admitted to the hospital on 31.12.2005 and evacuation and  

11.   

“She complained as the medical termination of pregnancy was done outside, private nursing home on 6.12.2005 ultrasound scanning was done atDist.Hospital       

12.   Govt.HospitalChildHospital  

13.   V. Kishan Rao Vs. Nikhil Super Specialty Hospital” in 2641/ 2010     

 “In a case where negligence is evident, the principle ofres ipsa loquituroperates and the complainant does not have to prove anything as the thing (res) proves itself. In such a case it is for the respondent to prove that he has taken care and done his duty to repel the charge of negligence.”

14.   Savita Garg (Smt) v. Director, National Heard Institute”

“ Once a claim petition is filed and the claimant has successfully discharged the initial burden that the hospital was negligent and that as a result of such negligence the patient died, then in the case the burden lies on the hospital and the doctor concerned who treated that patient, to show that there was no negligence involved in the treatment.      

15.   In Jacob Mathew v. State ofPunjabApex Court

“ ”.

16.    

17.   Govt.HospitalChildHospital. Govt.Hospital Govt.Hospital. Taking into consideration of the totality of the circumstances, we are inclined to award an amount of`25,000/- towards compensation on all counts in favour of the appellant.

18.     `25,000/- together with costs of`2,000/-. 

                                                                                                                      KMK*