Dr P. D. Shenoy, Member — These two Revision Petitions are filed against the order dated 4.2.2005 passed by the State Commission, Karnataka in Appeal No. 1135/2003.

2. This is a case of alleged medical negligence. One of the important issues to be decided in this case is whether the consumer fora can conclude that hospital and the operating surgeon were negligent without basing the decision on the evidence of the experts as well as extracts of medical texts and also especially when three experts have given their evidence on affidavit who were not cross-examined by the complainant/ or his advocate despite opportunities were being given. The obvious answer to these questions is that the consumer fora are not correct in holding the operating surgeon/ hospital negligent.

Case of the complainant

3. In this case, the complainant has alleged that his wife Pramila aged 64 years suffering from gastric obstruction was admitted in the KLE Society’s Hospital (hereinafter referred to as hospital) on 19.7.1997 for treatment. Dr. A.S. Godhi examined her and advised her to undergo surgery. He operated her on 8.8.1997 at about 12 noon. After the operation she was kept in a recovery room till 8.30