IMPORTANT POINT
The standard to be applied for judging whether the person charged has been negligent or not would be that of an ordinary person exercising skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he practices.

Justice R.K. Batta, Member — This Complaint has been filed by the wife of deceased P. Rangangam and their children. The deceased P. Rangangam was working in the office of opposite party Nos.1 and 2 from 2.2.1981 and was entitled for medical facilities under the conditions of service. The deceased had stomach pain on 17.6.1995 at 7 a.m. and he got himself admitted in the hospital of opposite party Nos.1, 2 at 10.10. a.m. The Complainant reached the hospital and found that hernia operation of the deceased had already begun without even informing the family members and without obtaining consent from anyone of them. The deceased was in the operation theatre till 3 p.m., when he was declared dead. In the certificate issued by the Hospital authorities it was stated that the deceased had expired due to illness. According to the Complainant, the deceased died only because of excess anaesthesia given by opposite party No.4 Dr. Vineeta Dwivedi. It was further stated that the excess anaesthesia cannot be given when the patient’s stomach was full which is fatal to life. The deceased had full stomach and anaesthesia given to him had adverse effect. The Hospital authority did not conduct postmortem of the deceased. It is further submitted that there was no emergency warranting to conduct hernia operation which is otherwise minor ailment and can never lead to death. According to Complainant, death was caused due to negligence in handling the operation and the death had resulted only because of excess anaesthesia given by opposite party No.4. The Complainant has given the salary statement to which the deceased would be entitled and has claimed total compensation of Rs. 40 lacs.

2. Reply was filed by opposite party No.1 wherein it was contended that the treatment given to the deceased was totally free of charge and the service rendered does not fall within the definition of service under Section 2(1)(o); that opposite party No.1 runs a well equipped hospital for the benefit of its employees as a welfare measure and the employees and their dependents are provided totally free medical service as per service rules and the employees of the opposite party do not contribute for the same. On merits, it is contended that the deceased came to casualty where the medical officer examined him. The examination revealed swelling in umbilical area with pain. It was diagnosed that the deceased was suffering from Non Reducible Obstructed Para Umbilical Hernia. The deceased was admitted at about 8 a.m. when the then Chief Medical Officer had also examined him. The deceased was seen by Dr. Vineeta Dwivedi, Senior Medical Officer (Anaesthesia) and thereafter all routine medical investigations were carried out. The deceased had given his consent for surgery in the prescribed form. The medical condition of the deceased required emergency surgery and since Hospital surgeon was not available, Dr.C. Ganesan, a reputed freelance surgeon in Salem was immediately requisitioned for surgery. He had examined the deceased at 9.30 a.m. and the deceased was shifted to operation theatre. Under General Anaesthesia, Herniotomy and repair of abdominal wall were done in the surgery. The operation was over at about 10.30 a.m. and the patient recovered fully about 10.45 a.m. and he was responding to verbal commands and his reflexes and vital parameters were normal. The patient was brought to recovery room. He developed Hypoxia and the patient was administered 100% oxygen and intermittent pressure ventilation was also given. The patient suffered cardiac arrest once but he was revived fully with immediate treatment. A reputed cardiologist from Salem town was immediately requisitioned to treat the patient. The cardiologist from Salem Town arrived and examined the patient. The patient suffered from cardiac arrest again and in spite of best efforts, the patient suffered third bout of cardiac arrest. Defibrillation was done by DC shock and medication was given. The deceased could not b