BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 16^th day of January, 2012

C.C.No.91/2011

Between:

Chekuri Vijaya Simha Chowdary,S/o Venkateswarlu,

D.No.4/63, O.C. Colony,Agriculturist,Chakarajuvemula Village - 518 135,Dornipadu Mandal,Kurnool District.                                                              

…Complainant

                                       -Vs-

Dr.T.Y.Viswaroopachari, S/o T.P.Jambulaiah,Medical Practitioner,

Sri Veerabrahmendra Nursing Home,

D.No.25/157, Sreenivasa Nagar,Nandyal - 518 501,Kurnool District.   

                                              ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri B.Jangam Reddy, Advocate for complainant and Sri A.Rama Subba Reddy, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

    ORDER

(As per Sri. M.Krishna Reddy, Male Member)

  C.C. No.91/2011

1.     This complaint is filed by the complainant under section 11  and 12 of C. P. Act, 1986 seeking a direction on opposite party for the payment of :-

1. Rs.20,00,000/- with future interest;

1. Cost of the complaint;

1. Such other relief as this Forum may deem fit and proper, in the circumstances of the case.       

2.    Synopsis of the complainant’s case is that the complainant admitted his wife in Sri Veerabrahmendra Nursing Home at Nandyal, run by opposite party on 18-08-2010 for a complaint of ulcerous growth on the right leg of the lower part and got discharged on 26-08-2010.  Sri Sai Prabha Diagnostic Centre and a medical shop attached to the Nursing Home are also run by the opposite party.  During the stay of the patient in the nursing Home opposite party operated ulcerous growth conducting routine tests of pre-operation and post operation in his diagnostic Centre.  Medical expenses of supplies from medical shop are noted on the prescription chits it self.   Opposite party did not maintain proper record of the hospital as required under rules.  After the discharge on 26-08-2010 the patient was asked to report for checkup after four days.   Unfortunately due to defective diagnosis and treatment she became unconscious on 29-08-2010 at her Village and developed further complications.  Immediately the patient was taken to Viswa Bharathi Super Speciality Hospital, Kurnool.  After conducting tests it was diagnosed that she was suffering from septicaemia and encephalopathy.  They also suspected complicated malaria on her and advised the complainant to take the patient to Hyderabad for better treatment.  Accordingly the patient was taken to Yasoda Hospital, Secunderabad and got admitted as in patient on 29-08-2010.  After some investigations and treatment she was declared dead at 3.00 P.M. on 30-08-2010 by Yasoda Hospital Authorities.  She was brought back to the Village and buried.  The complainant got issued a layer’s notice dated 11-10-2010 to opposite party claiming compensation alleging gross medical negligence in treatment, substandard skill in surgery and making the disease complicated, which were confirmed by doctors of Viswa Bharathi Super Speciality Hospital and Yasoda Hospital.  Separate proceedings for prosecution was initiated against opposite party under section 304-A IPC.  The complainant incurred about Rs.1,00,000/- for the treatment of his wife in Nandayal, Kurnool and Hyderabad.  The patient died at the age of 25 years leaving behind two minor children, one son aged Six year and a daughter aged Eight years.  For the loss of love and affection of mother to the children and husband, her ability to attend agricultural of the family,  the longevity in the family being for more than 75 years and all others deficiencies, the complainant claimed a sum of Rs.20,00,000/- as compensation form opposite party by filing a case in this Forum.   

3.     Sworn Affidavit and Ex.A1 to Ex.A13 are filed by the complainant to support his case. 

 4.    Pursuent to the notice of this Forum, opposite party filed written version denying his liability to the complainant’s claim.  Briefly the case of opposite party is that his Hospital is only a 10 bedded Hospital.  The wife of the complainant was not admitted in the Hospital on         18-08-2010, as she did not require operation and in patient treatment for her ulcerous growth, on the right leg which she was suffering one month prior to 18-08-2010.  Blood examination for relevant tests was done on her and found all parameters normal.  Her wound was cleaned, dressed with Atraman-C and Prescribed Antibiotics on 18^th, 19^th and 20^th August, 2010.  On 20-08-2010 the patient expressed her inconvenience in coming daily for dressing and requested admission in the hospital.  Her request was consider and admitted in the Hospital on 20-08-2010.  Every day cleaning and dressing was done to the wound and found that it was healing.  On 23-08-2010 her body temperature was 100 degrees foreign heat, hence blood examination for malaria parasite was done on 24-08-2010.  It was found negative.  In addition to regular antibiotics and Vitamins slight dosage of antipyretic was given to her.  She was found normal.  On 25-08-2010 after regular cleaning and dressing of wound, she went to Koilakuntla to attend court and returned in the evening.  On 26-08-2010 symptoms of jaundice was found on her and the same was confirmed in the blood examination.  The treatment for jaundice was started immediately along with liver supportive drugs.  Her wound was found healing and as the jaundice did not require daily supervision of a doctor, she was discharged on 26-08-2010 and advised to come for check up after five days continuing the same treatment.  It is not true to say that she was suffering from malaria encephalopathy and septicemia on 26-08-2010 because after the blood examination done on 29-08-2010 at Viswa Bharathi Hospital, Kurnool, the doctors suspected them but could not give definite finding.  More over the doctors of Viswa Bharathi Hospital did not find ulcer on right leg of the patient.  Even in Yasoda Hospital, Secunderabad there is no mention about the ulcer on right leg.  There is no definit opinion by the doctors of Yasoda Hospital on the death of the complainant’s wife.  Her general condition did not support the sufferance from septicemia, septic shock etc.  The conduct of pre operation tests, and post operation tests, maintenance of case sheet, defective and perfunctory diagnosis, allegation of doctors of Viswa Bharathi Hospital that opposite party ignored serious complications, treatment substandard and culpable negligence on him are all denied by opposite party.  The root cause for the death of the patient may be due to administration of country medicine for jaundice.  In view of the reasons stated above opposite party avered that he was not responsible for the death of the patient and has no liability to the complainant’s claim.  Hence he prayed for the dismissal of the case against him.    

5.     Opposite party filed sworn affidavit in support of his case.

6.     Both sides filed written arguments.

7.     Now the points that arise for consideration are:

1. Whether the complainant made out any case against opposite party to prove negligence?

1. Whether the complainant is entitled for the reliefs?

1. What is the quantum of compensation?

8.      POINTS i, ii and iii:- Ex.A1 to Ex.A3 relate to patient (complainant’s wife) being treated for ulcerous growth by opposite party from 18-08-2010 to 26-08-2010.  As per the diagnosis the treatment was given and as the ulcer showed signs of healing, the complainant’s wife was discharged and asked to come for checkup after five days.  Before the complainant’s wife was discharged, she was also found symptoms of Jaundice for which test was conducted and on being found to be from Jaundice, gave treatment.  After The discharge, she went to the Village.  As advised by the opposite party the patient did not come again for checkup.  The patient became unconscious on 28-08-2010 and was taken to Viswa Bharathi Super Speciality Hospital, Kurnool. Ex.A4 and Ex.A5 relate to tests and discharge card of the patient at Viswa Bharathi Super Speciality Hospital, Kurnool.  The tests disclosed that the patient was suffering from septicemia and encephalopathy.  As the condition was serious on the same day the patient was advised to be taken to higher Center for better treatment.  Accordingly the patient was taken to secunderabad and was admitted in Yasoda Hospital on 29-08-2010 evening.  There also tests were conducted and diagnosed that the patient was suffering from septicemia and encephalopathy.  Ex.A6 to Ex.A8 are tests reports, bills and discharge card of Yasoda Hospital.  However the patient appeared not have responded to the treatment and died on 30-08-2010 at 3.00 P.M.  Ex.A9 to Ex.A11 are death Certificates.   The death report given in the Hospital Ex.A10 refers to the fact of deceased suffering from above said ailments

9.     The tests conducted in Viswa Bharathi Super Speciality Hospital and Yasoda Hospital did not specifically find fault with the tests conducted, diagnosis made and treatment given by opposite party.  The diagnosis and treatment given at these hospitals do not in any manner establish connection between the ulcer for which the patient was treated by opposite party and the septicemia and encephalopathy.  Apart from that there is no other evidence available on record.  It is unfortunate that though the case is predominantly dependent on medical evidence, no doctor is examined nor any expert advice in this regard is made available, more so when there are no established norms or standards by which negligence and damages could be assessed.  Thus there is no nexus or connection established between ulcer and the two other aliments detected at later stage.  In view of what is stated above that the evidence is incomplete and inadequate to substantiate or sustain the claim of the complainant for compensation.  Therefore the complainant failed to establish criminal negligence of service against opposite party.  The complainant is not entitled for relief.

10.    In the result, the case against opposite party is dismissed without cost.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 16^th day of January, 2012.

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1          Out Patient Card of S.V.B. Nursing Home, Nandyal.

Ex.A2.                   A Bunch of Prescriptions of Sri Veerabrahmendra Nursing

                   Home, Nandyal (Nos.6).

Ex.A3          Reports of Sri Sai Prabha Diagnostic Centre, Nandyal

(Nos.3).

Ex.A4          Report of Viswa Bharathi Super Speciality Hospital, Kurnool

dated 29-08-2010.

Ex.A5          Discharge Summary Card of Viswa Bharathi Super

                   eciality Hospital, Kurnool dated 28-08-2010.

Ex.A6          Discharge Summary (Medical) of Yashoda Hospital,

Secunderabad dated 29-08-2010.

Ex.A7          Medical Bills for Rs.44,821/- dated 29-08-2010 of Yashoda Hospital, Secunderabad.

Ex.A8          Discharge Card and Deposit Voucher for Rs.24,821/-

dated 30-08-2010 of Yashoda Hospital, Secunderabad.

Ex.A9          Death Certificate issued by Sub Registrar of Births and

                   Deaths, Secunderabad dated 07-09-2010.

Ex.A10        Photo copy of Death Certificate issued by Medical Officer,

                   Yashoda Hospital, Secunderabad, dated 30-08-2010.

Ex.A11        Photo copy of Death Certificate issued by Panchayat

                   Secretary Chakarajuvemula Village, Dornipadu Mandal,

                   Kurnool District dated 03-09-2010.

Ex.A12        Office copy of Legal Notice dated 11-10-2010.

Ex.A13        Reply Letter dated 14-10-2010 along with return cover.

List of exhibits marked for the opposite party:- Nill

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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