The judgment emphasizes the need to attribute blame with caution in medical accidents and highlights the complexities of medical science.

S.M. Kantikar, Member

1. Brief facts are that on 09-08-2000 the complainants’ son, Jayaprakash had severe abdominal pain and vomiting, immediately he was rushed to OP2-NSS Medical Mission Hospital. The OP3, the General Surgeon, Dr. Moorthy examined the patient at about 4:30 P.M. and diagnosed the ailment as acute appendicitis with peritonitis and, accordingly, advised for immediate admission and surgery. On the same day, the patient was operated at 08:30 P.M., under spinal anesthesia, administered by OP4-Anesthetist (Dr. Santha Raju). After surgery, the patient was brought to the ward at 09:45 P.M.. He was unconscious, shivering and white froth was flowing from his mouth. The complainants informed OP-3 about the serious condition of the patient, but he did not see the patient. None attended the patient despite his worsening condition. At last at 0030 hours (10-08-2000), the patient was shifted to ICU in the critical stage; but the doctor and staff in ICU failed to take care of the patient. At 11:45 A.M., when the patient was in sinking stage, OP3 with the help of his subordinates shifted the patient hurriedly to Kottayam Medical College Hospital (KMCH), Kottayam. The patient was in a comatose state. It was alleged that, OPs 3 & 4 were aware of the cause of coma. It was alleged that, there was overdose of anesthesia, wrong sedative injection and lack of proper post-operative care. The patient breathed his last on 20-08-2000 in KMCH, Kottayam. The post mortem findings revealed death was due to septicemia. The complainants initiated both Civil and Criminal proceedings against the OPs for gross medical negligence. The complainants, Kannaya Chettiar and Anandavalli Amma filed a complaint under Section 12 of the Consumer Protection Act, 1986 before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (herein referred as “the State Commission”) for the alleged death of their son due to medical negligence caused by OPs 1, 2 and 3.

2. OP 1 to 4 entered their appearance and filed their joint written statement and the insurance company-OP 5 filed a separate written version. According to OP 1 to 4, the patient was brought to their hospital at 4:15 P.M. on 09-08-2000 with severe abdominal pain and vomiting from two days. The Casualty Medical Officer, Dr. Sharmila, referred the patient for surgical consultation to OP3, who diagnosed it as Acute Appendicitis with Peritonitis and advised immediate investigations. It was revealed that, the blood count was high, WBC 19100/per cmm and the neutrophils were 80%. Therefore, for emergency operation, patient was admitted in OP-2. At 6.00 P.M., surgeon reviewed the case again and after informed consent from the patient and his mother for anesthesia and surgery; emergency appendectomy was performed at 08:30 P.M.. As per the assessment of OP 4, the Anesthesist, the patient was ASA Gr.II (E), indicating that the patient had mild systemic disease. The pre-medication for anaesthesia were given. Lignocaine Hydrochloride (5%) was used for Spinal anesthesia. Surgery was concluded within 25 minutes and the patient was shifted to recovery room for observation till 09:35 P.M.. The patient was conscious and coherent. OP4 was in the hospital till 09:35 P.M. as he was attending another emergency Gynec case. OP4 left the hospital around 10 P.M. but, within five minutes he received a telephonic call from a casualty sister informing that the patient had no respiration and had feeble pulse. Immediately, instructions were passed to shift the patient to the recovery room and OP4 rushed there at 10:10 P.M.. At that time, the patient had no cardiac/respiratory activity. Therefore, Cardio Pulmonary Resuscitation (CPR) was started with cardiac massage, DC shocks and drugs. The patient was intubated and was connected to a ventilator at 10:35 P.M.. The OP3 reached in the recovery room within 10 minutes, also the cardiologist reached the recovery room by 10:35 P.M.. Patient had regained spontaneous c