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K. Gracykutty - Appellant
Versus
Annamma Oommen & Anr. - Respondent
Decided On : 01/10/1992
Complaint No. 19 of 1990
Advocates Appeared :
Mr. G. Appan,Mr. R. Somanathan

Headnote:Consumer Protection Act, 1986 - Section 17 - Delivery case- Operation and total hysterectomy performed - Patient claimed Rs.2.5 lakhs on account of compensation - Section 18/14 - Hapse does not constitute negligence Allegation of negligence not at all proved Whether complaint merits to be accepted?

       (No). (Paras 1 & 20 to 22)

       IMPORTANT POINT

       Except in exceptional circumstances a patient ought to be informed of the treatment that is proposed and his consent to such treatment is obtained.

ORDER

R. Ramachandran Nair, Member.- The complainant, Smt. Gracykutty is an employee of the Kerala State Road Transport Corporation, working as binder in the Sub Depot, Haripad. She was under the treatment of opposite party No. 1 for her second delivery. Her first delivery was a caesarean case and was performed satisfactorily by the same doctor, the opposite party No.1 at the P.M. Hospital, Mavelikkara. The complainant was admitted as an inpatient in the same hospital for her second delivery on 19.1.1990. She had labour pain by about 10 P.M. on that day which was reported to the duty nurse by her husband Babu. The nurse did not take that seriously. When the complainant experienced unbearable pain the nurse with the help of Babu took her to the labour room by 10.45 P.M. According to the complainant there was no duty doctor in the hospital at that time. As directed by the duty nurse, Babu brought the anaesthetist Dr. Haridas from his residence at Karipuzha, 7 Kms away from the hospital, Dr. Annamma Oommen opposite party No. 1 and the theatre nurse from their residences. For this purpose the complainant's husband had to hire a taxi car as no transportation provision was made by the hospital. The complainant delivered of a male child at 1.16 A.M. on 20.1.1990 through a caesarean operation. The delivery including the operation was managed by opposite party No.1. There was bleeding and blood had to be administered. The hospital had no stock of blood and the doctor had not given any notice to the complainant's relatives that blood for transfusion should be arranged. So, after much strain and difficulties and unnecessary expenses the complainant's people had to bring down at midnight four persons with matching blood from distant places.

Even after blood transfusion and treatment there was profuse bleeding. The condition of the complainant became worse and dangerous by 4 A.M. Thereupon the 1st opposite party referred the case to the T.D. Medical College Hospital, Alleppey. The P.M. Hospital authorities did not arrange an ambulance or any other conveyance for this purpose. So Babu had to hire a taxi Car. When she was admitted in the Medical College Hospital, Alleppey in the morning of 20.1.1990 she was unconscious and her condition was precarious. According to the complainant it was the great care, sincere effort and expert treatment extended to her by Dr. Nalini, Head of the Department of obstetrics and Gynaecology of the M.S. Hospital and her assistants that saved her. An-other operation had to be performed at the Alleppey Medical College. She was an inpatient of the Medical College hospital for nearly a month. Even after discharge she was weak and could not recoup her health. She alleges that due to negligence and criminal indifference of the 1st opposite party during the caesarean operation at the P.M. Hospital, Mavelikkara, her two important blood vessels viz. bilateral internal iliac arteries were cut and they were not properly ligated by the 1st opposite party. That led to heavy and continuous bleeding. Since the opposite party could not diagnose properly and detect the exact reason for bleeding, she removed the uterus of the complainant to stop bleeding. The inexpert handling of the operation and management of the delivery and the complications that followed at the Philip Memorial Hospital, Mavelikkara resulted in damaging the bladder of the complainant which was not repaired properly. That led to incessant and uncontrolled urine leakage for which she had to consult the Professor of Urology, Medical College Hospital, Thiruvananthapuram. The complainant had to be under his treatment and undergo an operation for vesico vaginal fistula by him three months after her discharge from Alleppey Medical College Hospital to set right the injuries and defects of the bladder. The removal of the uterus by the opposite party No.1 was without the knowledge and consent of the complainant or her husband who was in the hospital throughout.

Even after

































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