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1997 Supreme(AP) 99

Andhra Pradesh High Court
Judges : P.S.MISHRA, V.RAJAGOPALA REDDY
Mrs.Shanta - Appellant
Versus
State OF A.P. - Respondent
W.P.No.621/97
Decided On : 02-11-97
Advocates Appeared :
Mr. S. Sharath Kumar,Mr. R.V. Subba Rao,Mr. S. Bharat Kumar

Headnote:CONSTITUTION OF INDIA, Art21 & 226 - MEDICAL NEGLIGENCE Assistant Professor of obstetrics and Gynaecology of Government Maternity Hospital performed Caesarean Operation to petitioner and closed abdomen leaving some foreign body Mop (cotton) in womb affecting her small intestines Petitioner having suffered unbearable pain underwent another operation for the removal of foreign material - Experts opined that petitioner has to undergo one more operation to be free of all complications - Conduct of Doctor amounts to violation of fundamental rights of petitioner under article 21 of the Constitution to get proper treatment - State Government is directed to issue necessary directions to concerned hospitals for treatment of petitioner invest Rs3 lakhs by way of compensation or otherwise for a period of not less than 5 years and pay to petitioner every month Rs3,000/- to meet her expenses other than medical expenses being borne by State and expenses of her kids and to pay the said amount to her together with balance interest after expiry of the said period

       Denial of proper medical attention and negligence in surgery by Medical Practitioners either in Government Hospitals or Private Nursing Homes amounts to violation of Fundamental Right to life under article 21 of the Constitution Patient entitled to compensation from wrong doer for the injuries and suffering sustained on account of such negligence

P. S. MISHRA, J.

( 1 ) ONE Mrs. Shanta, 25 years old woman, has invoked this Court s jurisdiction under Art. 226 of the Constitution of India seeking, inter alia, a direction to the first respondent to institute complaint for investigation by the police into the acts and omissions of the second and the third respondents herein i. e. , Superintendent, Government Maternity Hospital, Afzalgunj and Dr. Rama Sundari, Assistant Professor of Obsterics and Gynaecology, Government Maternity Hospital, Afzalgunj, Hyderabad, which constitute, according to the petitioner, (1) offences against her body while operating for the delivery of a child; (2) other and further actions against the second and the third respondents in accordance with law; and (3) to pay compensation consolidated in a sum of Rs. 8,00,000. 00 to her for the injuries and sufferings caused to her by the second and the third respondents.

( 2 ) FACTS in brief :- Petitioner who hails from the State of Karnataka has been residing in Hyderabad and working as an assistant to a cook - Janaki Ramaiah and receiving a monthly remuneration. She has given birth to three children, the eldest being a son of seven years of age, the second being a daughter of four years of age and the third a girl child, who is born only in the Government Maternity Hospital, Afzalgunj on 20-11-1996. According to the petitioner, since she had undergone Caesarean operations for deliveries of the first and the second child, she consulted and visited the Government Maternity Hospital, Afzalgunj for periodical check-up during pregnancy and since she had not been having sufficient financial back-up, she depended upon the free medical services, which finally resulted in her admission into the hospital on 15-11-1996 and operation on 20-11-1996 at 4 a. m. in the hospital. She has narrated the facts in this behalf as follows :"it is in these circumstances that I was admitted into the hospital on 15-11-1996 and I was operated upon 20-11-1996 at 4-00 a. m. According to the medical report given to me I was operated by the doctors working in the medical unit called B/c Yellow. BC No. 88/46it was indicated that the operation was conducted under spinal aesthesia. I did not have any consciousness when the operation was conducted. I was discharged from the Government Maternity Hospital on 26-11-1996. I went home. After 1 or 2 days I started developing pain in my abdomen. The pain gradually increased. During this time I visited the Government Maternity Hospital and requested the doctors to give me treatment for the pain. In this connection I met with the 3rd respondent who had conducted the caesarean operation upon me on 20-11-1996. In fact I came to know this only through the medical staff in the out-patient ward. . . . . . . . . . . . . . . the 4th respondent after a customary examination told me that the pain would subside in course of time and suggested that I should not be unnecessarily worried about the pain. . . . . . . . . . . . . . . by 1/01/1997 my condition became so serious that I could not even get up from my bed. By then I have a one and half month old baby to be looked after personally and two other children who also needed my services. On 1-1-1997 Mr. Janakiram came to my house to see my condition and he rushed me to a private nursing home under the control of the 4th respondent hospital. The 4th respondent Dr. S. Chandra Shekar Rao on examination told me that there was some thing wrong in my stomach and I require to be under his continuous supervision at least for a week and he also prescribed me half a dozen tests for complete examination and diagnosis of my ailment. I was subjected to CBP, ESR, RBC, WBC, Differential Count, Blood grouping, complete Urine examination and Random blood sugar. On 2-1-1997 Dr. S. Chandra Shekar Rao sent me to Shravya Scan Centre, Narayanaguda, Hyderabad for an ultra sound examination of my abdomen. . . . . . . . . . . . . . . . Dr. Kamalakar Reddy, the consultant radiologist i























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