Mrs. Rajyalakshmi Rao, Member —This complaint has been filed by V. Krishankumar against opposite parties, viz., The State of Tamil Nadu, through Secretary, Department of Health, opposite party No.1; the Director, Government Hospital for Women and Children, opposite party No.2; Dr. S. Gopaul, opposite party No.3; and Dr. Duraiswamy, opposite party No.4 for deficiency in service and medical negligence in treatment of his premature baby. Brief facts of the case are:

Complainant’s Version

2. V. Krishankumar’s wife Laxmi was admitted in Government Hospital for Women and Children, Egmore, Chennai on 30-8-1996. She delivered a premature female baby in 29th week of pregnancy as against normal period of 38 of 40 weeks. The birth weight of the baby was 1250 gms. The infant was placed in an incubator in intensive care unit for a period of 25 days until discharged on 23-9-1996. Admittedly the baby was administered 90-100% oxygen at the time of birth. She underwent blood exchange transfusion a week after birth and also had apneic spells from time to time during first 10 days of her life. The baby continued to be under the care of opposite parties Nos.1 and 4. The complainant stated that o