BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED THIS THE 20^th DAY OF JULY 2021

PRESENT

MR. RAVISHANKAR                           : JUDICIAL MEMBER

MRS. SUNITA CHANNABASAPPA BAGEWADI :      MEMBER

APPEAL NOs. 1949/2012 & 2001/2012

        APPEAL NO.1949/2012

V/s

        APPEAL NO.2001/2012

V/s

COMMON ORDER

BY SRI RAVISHANKAR, JUDICIAL MEMBER

1.     Both these appeals have arisen out of the one order dt.19.09.2012 passed in CC.No.34/2012 on the file of District Consumer Disputes Redressal Commission, Mandya.  The appellant/complainant has preferred the Appeal No.1949/2012 seeking enhancement and the appellant/Opposite Party Nos.1 & 3 has preferred Appeal No.2001/2012 to set aside the order passed by the District Commission.  Hence, both these appeals are taken together and being disposed-off by a common order.

2.     The facts leading to the appeals are as hereunder;

It is the case of the complainant that her mother got admitted to the Opposite Party No.1 hospital on 16.12.2010 at about 1.45 p.m. with labour pain.  She was examined by Opposite Party No.2 & 3 are the head of Unit-B.  The Opposite Party No.2 discussed the case with Opposite Party No.3 and noticed that the patient right leg was affected by polio and it was decided to conduct C-section since the normal delivery was not possible and the same was explained to the patient, her husband and her father at about 9.30 p.m. and obtained written consent to perform C-section.  Accordingly, Opposite Party No.2 and one Dr.Deepak who are on duty in the Gynecology section on that day performed C-section, the female baby was delivered at about 10.05 p.m. placenta was removed, uterus was well-contracted and retracted.  There was no bleeding from the suture site.  Abdomen was closed in layers.  Vaginal clots were removed.  Thereafter, the complainant shifted to ward.  When Smt. Nazia Banu was brought to the ward, she suffered unbearable pain and she was screaming and also noticed that she was excessive bleeding.  The parents of Smt. Nazia Banu informed the nurse who attended the ward and nurse noticed the excessive bleeding and intimated the doctor to attend immediately, but, the doctors who have conducted the C-Section have not came immediately and nearly they have taken one hour to examine the patient.  Immediately after checkup, they suggested for arrangement 12 bottles of blood, accordingly, they arranged 12 bottles of blood from blood bank inspite of transmission of blood, the patient condition went deteriorating and bleeding was not stopped.  On 17.12.2012 at about 4.30 a.m. who attended the patient were under disturbed condition and immediately called one Dr. Nandish who told that at the time of C-Section, there was a damage to the uterus and the same has to be removed, but, he did not stayed at the hospital and immediately left the place.  Thereafter, the doctors and nurses informed the parents of Smt. Nazia Banu to sign some documents, hence, to safeguard her life they have signed some blank forms.  Thereafter, she was shifted to ICU and one of the nurse told that the patient was already dead.  The death is only due to the negligence on the part of the doctors who performed the C-Section and immediately after one hour of the operation, the bleeding was started.  Hence, there is  negligence on the part of the doctors and prayed for compensation to the tune of Rs.10 lakhs with interest at 24% p.a. and Rs.3 lakhs towards mental agony.

3.     After trial, the District Commission allowed the complaint by directing the Opposite Party Nos. 1, 2 & 4 to pay Rs. 3 lakhs. 

4.     Aggrieved by the said order, the complainant and Opposite Parties are in appeal.

5.     On going through the memorandum of appeal filed by both parties, certified copy of the order and the relevant documents produced before the District Commission, there is no dispute that on 16.12.2010 the mother of the complainant admitted to the Opposite Party Nos. 2 & 3 hospital for delivery with labour pain.  After admission, the Opposite Party Nos. 3 & 4 noticed that she was polio attacked lady and suggested to undergo C-Section for delivery as the normal delivery is complicated.  Accordingly, C-Section was conducted and she gave birth to the complainant.  After C-Section, the Opposite Party removed the placenta.  Uterus was well contracted and retracted found there was no bleeding from the suture site.  Abdomen was closed in layers.  Vaginal clots were removed and shifted to ward.  But it is an admitted fact that immediately after C-Section, the patient suffered a severe pain and screaming noticed that there was a bleeding.  In order to avoid the said bleeding, the doctors have suggested to remove the uterus, accordingly, the patient was shifted to operation theatre, but, before conducting the operation for removal of uterus, the patient was died and they gave an opinion that she suffered DIC (Disseminated Intravascular Coagulation) and the said DIC requires immediate operation and on 17.12.2010 inspite of operation, it was not successful and at about 8.20 am she was died.    Thus the learned counsel for Opposite Parties has vehemently argued that there is no negligence on their part in conducting C-Section since she was suffered the above said disease, she died.  Hence, prayed to set aside the order passed by the District Commission.

6.     On perusal of the order passed by the District Commission, the District commission has elaborately discussed the matter whether she was suffered any diseases called DIC and also we noticed that the Opposite Parties have not produced any documentary evidence to show that the patient Smt. Nazia Banu was suffering from DIC earlier to C-Section.  In the absence of such documentary evidence and previous history of the deceased, the defence taken by the Opposite Party cannot be considered.  We found there is some sort of negligence on the part of Opposite Party Nos. 2 & 4 who conducted C-Section which resulted in heavy bleeding.  Hence, it is a clear case of medical negligence.  The Opposite Parties failed to establish that there is no negligence on their part.  The District Commission rightly held that there is negligence on the part of the Opposite Party at the time of conducting C-Section and rightly awarded an amount of Rs.3 lakhs to the minor child of the deceased Smt. Nazia Banu.

7.     In Appeal No.1949/2012, the complainant seeks enhance of compensation awarded by the District Commission.  But we found that the complainant is a minor at the time of filing the complaint and has no any source of income.  As such we found no grounds to enhance the compensation.  We found that there is no error in the order passed by the District Commission.  Accordingly, both the appeals fail.  Hence, the following;

ORDER

The Appeal Nos.1949/2012 and 2001/2012 are hereby dismissed.  No costs.

The amount in deposit in Appeal No.2001/2012 shall be transmitted to the District Commission for disbursement of the same to the complainant.

Keep the original Order in A.No.1949/2012 and the copy of the same in A.No.2001/2012.

Forward free copies to both the parties.

MEMBER                                          JUDICIAL MEMBER

KCS*