Mrs. Rajyalakshmi Rao, Member—This complaint is filed by Complainant No.1, P.B. Rao, who is the husband and Complainant Nos. 2 to 4, Sanjay Rao Pejavar, Suman Babu and Ashwin Pejavar are the children of deceased Smt. Nirmala Rao alleging medical negligence and deficiency in service by the O.Ps. 1 to 6. Facts of the case are :

2. In the second week of January 1996 late Smt. Nirmala Rao accompanied by her husband, Complainant No. 1 consulted opposite party No.1 Dr. Sundar, Nephrologist, Karnataka Nephrology & Transplant Institute, Lakeside Medical Centre and Hospital (hereinafter called as KNTI), in relation to kidney complaint. O.P. 1 diagnosed her to be suffering from Non-Olyguric Renal failure. O.P. No. 1 recommended that Smt. Nirmala Rao undergo a fistula operation at the O.P. No. 5 Institute preparatory to dialysis. She underwent fistula operation at O.P. 5 KNTI. This operation was conducted by a team of doctors O.P.1, O.P.2 - Dr. Ajith K. Huilgol, Transplant Surgeon, KNTI, O.P. No. 3 Dr. Karunagaran S. Ganeshan, Transplant Surgeon, and follow up was done by O.P. 4 Dr. Sreenivasa Prasad, RMO of KNTI (O.P.5). After conducting fistula operation, O.P. No. 1 suggested that Smt. Nirmala Rao should be put on dialysis twice a week at the KNTI. It is suggested by O.P. No. 1 that it is better that Smt. Nirmala Rao undergoes kidney transplant operation so as to avoid the inconvenience of regular dialysis. It has been agreed upon by both the parties to conduct the kidney transplant operation and consideration of Rs. 80,000/- was agreed upon. The Complainant paid Rs. 50,000/- by demand draft and cash of Rs. 30,000/- to the opposite parties.

3. Smt. Nirmala Rao was admitted to O.P. No. 6 hospital, Lakeside Medical Centre and Hospital on April 29, 1996. Kidney transplant operation was performed on Smt. Nirmala Rao on 30.4.1996 by O.P. Nos. 1 to 4. She was shifted to ICU and Complainant No. 1 was informed that the operation was successful. On May 4, 1996 she was shifted to pay ward from ICU as per the direction of O.P. Nos. 1 to 4. On that very night she began to complain of severe pain and weakness. She passed little urine and her stomach began to bloat. She complained that she could barely move her hands and feet.

4. Opposite Party No. 4, RMO Dr. Sreenivasa Prasad visited her and insisted on exercising her by walking the patient in the corridor. Her condition did not improve.

5. Complainant No. 1 and other relatives requested the Duty Nurse to contact O.P. 4, Dr. Sundar to attend to her immediately. The Duty Nurse refused to do the same on the plea that O.P. No. 4 had instructed not to disturb him at home. By the morning of May 5, 1996 the patient became extremely weak. The duty doctor from the General Wing of O.P. No. 6 inserted a catheter which did not yield any result and then he administered lassex tablet stating that O.P. No. 1 Dr. Sundar had instructed him to do so. O.P. No. 1 visited the patient later and informed that she could be discharged in a week and she would be all right. O.P. No. 1 advised that the patient should undergo a Doppler test to ascertain the functioning of the kidney on 5.5.1996. It is stated by the Complainant that he did not know the risk that the patient would be undertaking having Doppler test to be done at Dr. Sreenivasa Ultra Scanning Centre about 12 kms. away and to reach through the rush of the traffic of Bangalore city. Since Doppler test facility was unavailable with O.P. No. 5 and O.P. No. 6 the patient had to carry the catheter in a private car and wait endlessly to reach her turn. It is alleged by the Complainant that the opposite parties had not taken minimum care even to seek prior appointment for her at the centre to avoid long waiting period considering her recent surgery and the fact that she was being administered immunosuppressants. It is also alleged that the condition of Mrs. Rao at the post-operative stage, the O.Ps ought to have taken enough precautions to avoid any possible infectio