Tamil Nadu

StateCommission

A/588/2022

Prime medical centre hospital & anr - Complainant(s)

Versus

Tmt.Sulochana & anr - Opp.Party(s)

AAV Partners

23 Jun 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI - 3.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.588 of 2022

(Against the Order passed in C.C. No.07/2022 dated 20.10.2022 on the file of the D.C.D.R.C., Tiruppur)

 

Dated the 23^rd day of June 2023

1. Prime Medical Centre Hospital,

Represented by its Chairman,

No.93-G3, GS, G6, Trichy Road,

Anna Nagar,

Palladam – 641 664. 

 

2. Dr. S. Prasath Xavier, M.B.B.S., M.S.,

General Laparoscopic Surgeon,

Prime Medical Centre Hospital,

No.93-G3, GS, G6, Trichy Road,

Anna Nagar,

Palladam – 641 664.                      .. Appellants / Opposite parties.

 

- Versus –

1. Tmt. Sulochana,

W/o. Thiru. M. Marimuthu,

No.3/189, Panickampatti,

Palladam,

Tirupur District – 641 664. 

 

2. Thiru. M. Marimuthu,

S/o. Mr. Mahali,

No.3/189, Panickampatti,

Palladam,

Tirupur District – 641 664.             .. Respondents / Complainants.

 

Counsel for Appellants / Opposite parties :  M/s. AAV Partners

Respondents / Complainants                   :  Served called absent 

 

                The Respondents as complainants has filed a complaint before the District Commission against the opposite party praying for certain directions.  The District Commission had passed an ex-parte order, allowing the complaint.   Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Consumer Commission dt. 20.10.2022 in C.C. No.07/2022.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for the appellant, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

           

ORDER

 

Thiru. R VENKATESA PERUMAL, MEMBER  (Open Court)                    

 

1.     The opposite parties before the District Commission are the appellants herein.

 

2.     The case of the complainants before the District Commission is that the complainants marriage was performed at Annai Velankanni Mandapam, Palladam.  The 1^st complainant’s pregnancy was confirmed at the Primary Health Centre, Sulur on 26.10.2019.  On 30.01.2020, the 1^st complainant consulted her family doctor Dr. Hemalatha Sadasivam, M.B.B.S., D.G.O, Sri Ragamani Clinic, Palladam for pre-delivery checkups.   In the said clinic, the Gynecologist did a thorough check up and advised the 1^st complainant to undergo Primary Hypothyroid TSH Secretion Test at Sree Sathya Clinical Laboratory to get the Pregnancy associated thyroid disorder.  As per the Gyneocologist’s advice, the 1^st complainant  subjected herself to all the pre-delivery test and medications.  On 09.03.2020, 17.04.2020, 09.05.2020, 19.05.2020 and 10.06.2020, the 1^st complainant had undergone periodical checkups at the above said clinic.  On 10.06.2020, the Gynecologist has advised the 1^st complainant to take R.P. Scan and through the above test the Doctor found that the baby in the mother’s womb had inadequate blood circulation.  Hence, as per the advice of their family doctor, Dr. Hemalatha, the 1^st complainant was admitted at the Government Hospital, Tirupur on 11.06.2020.   On 13.06.2020, the 1^st complainant underwent Cesarean surgical procedure to deliver a female baby with underweight. 

2.     Hence, the baby was kept in the ICU Incubator for further treatment.  In the G.H. ICU the Doctors have treated and medicated the baby and in due course, the baby became healthy.  Subsequently, the 1^st complainant was discharged on 07.07.2020 from the Government District Head Quarters Hospital, Tirupur.   On 17.07.2020, when the 1^st complainant had complaint of vomiting and abdomen pain and she had consulted PSG Hospital, Karadivavi on 18.07.2020 and thereafter when the 1^st complainant has also consulted Dr. K.R. Santha Devi for the abdomen pain. She was treated by the Doctor upto 30.07.2020.  After the delivery and child birth, the 1^st complainant had continuous pain in her abdomen inspite of taking medicines.  On 30.07.2020 at midnight, the 1^st complainant complained of acute abdominal pain.  On 31.07.2020, the 2^nd complainant took his wife/ 1^st complainant herein to the Sanjiv Nursing Home where the Doctor advised the 1^st complainant to take Abdominal Scan at Siddharth Scans Centre, Palladam.  In Siddharth Scan Centre, Dr. R.K. Radiologist observed the 1^st complainant and suggested her to take CECT whole abdomen. On 01.08.2020, the 1^st complainant has undergone CT abdomen Pelvis study at SSS Shanthi Social Services at Onipudur, Coimbatore.   The Provisional Report was given to the 1^st complainant at SSS Shanthi Scan Unit with a finding that loculated fluid in pelvis predominantly on right side with mild peritoneal thickening.  

3.     Thereafter on 01.08.2020, the 1^st complainant had a severe abdominal pain and got admitted in the 1^st opposite party hospital owned by the 2^nd opposite party.   In the 1^st opposite party, the 1^st complainant was supervised by the 2^nd opposite party.  After admission, the 2^nd opposite party made summary of the 1^st complainant’s health and the 1^st opposite party had referred the 1^st complainant to AJ Biopsy Centre, Coimbatore for Histopathology Report.    Dr. Alamelu Jayaraman, Consultant Pathology of the AJ Biopsy Centre observed and she gave a report with the impressive finding that the 1^st complainant is having Excised Right Ovarian Cyst: Torsion Corpus Luteum Cyst.   On the basis of the said report, the 1^st opposite party has suggested the 1^st complainant that she would require a surgery to remove the cyst and referred the 1^st complainant to Dr. Senthil Prabhu, Tirupur Gastro Care Laparoscopic Centre. On 06.08.2020, Dr. Senthil Prabhu recommended the 1^st complainant to have Laparoscopic Surgery on the abdomen.  As per the advice of Dr. Senthil Prabhu, the 1^st complainant was admitted on 09.08.2020 at the 1^st opposite party hospital.   On 10.08.2020, the 2^nd opposite party has tried to conduct the Laparoscopic surgery on the 1^st complainant but later it was decided to conduct open surgery.  Accordingly, the 2^nd respondent has conducted open surgery in the 1^st complainant abdomen and removed the right side uterus. 

4.     Thereafter on 11.08.2020, the ovary cyst on the Uterus portion was sent to AJ Biopsy Centre for pathological analysis.  But even after the operation, the 1^st complainant’s abdominal pain got aggravated instead of subsiding and the fluid was oozing out from the suture and hence, the 1^st complainant complained to duty nurse.   When Dr. Senthil Prabhu Gastro Entomologist, Coimbatore Government Hospital conducted another operation on 20.10.2020 in the stomach portion of the 1^st complainant he found a foreign body nipping pad and he removed the foreign body.  The said foreign body nipping pad was kept inside carelessly by the 2^nd respondent while doing surgery to the 1^st complainant on 10.08.2020 which had resulted in deteriorating health condition and increasing abdominal pain of the 1^st complainant.  The Coimbatore CMC Hospital authorities destroyed the said foreign body nipping paid and they have issued a Report to the policy officials.  Considerable amount of faeces were removed from the abdominal cavity.  

5.     Hence, on 25.10.2020, the 1^st complainant gave complaint to the Tirupur South Police Station where FIR was filed in Crime No.1542/2020 against the 2^nd respondent under Section 337 IPC for the apparent negligence committed by the 2^nd respondent.    The 1^st complainant availed loan from the third parties to meet out his medical expenses.  The 1^st complainant had incurred Rs.70,474/- towards inpatient, medical and surgery expenses and also incurred Rs.1,00,000/- towards medical expenses, travelling, tablets and other miscellaneous expenses from 01.08.2020 to 25.10.2020.  Her entire sufferings in only due to the negligence committed by the 2^nd opposite party during the first surgery on 10.08.2020.  The act of the opposite parties caused trauma, physical agony and mental torture to the 1^st complainant.  Hence, the complainant issued legal notice dt 01.02.2021 to the opposite parties.   The opposite party has received the notice but not send any reply.  Thereafter, alleging deficiency in service on the part of the opposite parties, the complainant had filed a complaint before the District Commission claiming a sum of Rs.50,00,000/- towards compensation for medical expenses, mental agony, loss of income, sufferings etc to the complainant.

 

6.     Though notice has been served on the opposite parties 1 & 2 they have not chosen to appear before the District Commission and hence, the opposite parties 1 & 2 was set exparte. Consequently, the District Commission passed an ex-parte order directing the opposite parties  to pay a sum of Rs.7,00,000/- towards compensation for mental agony suffered by the complainant due to the medical negligence of the opposite party, medical expenses incurred by the complainant due to the negligence of the opposite parties and cost of the complaint within 3 months of this order failing which, the said amount shall carry interest at the rate of 8% p.a. from the date of order till its realization to the complainant.

 

7.     Aggrieved over the said order, this appeal is preferred by the opposite parties praying for setting aside the order and for a chance to contest the case on merits.

 

8.     Before this Commission, the counsel for the appellants / opposite parties submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding in the complaint.  There is no negligence on the part of the opposite parties in treating the 1^st complainant. Therefore, the opposite parties 1 & 2 sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

9.     When the case had come up before this Commission on 16.06.2023, after hearing the submission of the both parties, this Commission had felt that there is some force in the arguments of the counsel for the appellants / opposite parties 1 & 2 and therefore, in order to give a chance to the opposite parties 1 & 2 to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite parties 1 & 2, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on or before 22.06.2023.   Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law.

 

In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Tiruppur in C.C. No.07/2022 dt.20.10.2022 and the matter is remanded back to the District Consumer Commission, Tiruppur for fresh disposal according to law and on merits after hearing both sides.

 Both parties are directed to appear before the District Consumer Commission, Tiruppur on 24.07.2023 for further proceedings.  The appellants / opposite parties 1 & 2 is directed to file Vakalath, Written Version, proof affidavit, written arguments and documents if any on the same day itself.

 The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.  

 Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellants / opposite parties before this Commission.

 

 

 

   R  VENKATESAPERUMAL                                                                                                 R. SUBBIAH

                 MEMBER                                                                                                                   PRESIDENT

 

 

Index :  Yes/ No

 

KIR/SCDRC/Chennai/Orders/June/2023