The complainant must prove specific instances of acts of omission or commission on the part of the doctors and hospitals to establish medical negligence.

ORDER

B.K. Taimni, Member - This is a complaint filed by the husband of the deceased Doctor K. Sailaja, alleging medical negligence on the part of the opposite parties, Sri Vasudha Nursing Home (hereinafter referred to as OP No. l) and Dr. S. Jagadeeswari (hereinafter referred to as OP No. 2).

2. The facts leading to filing the complaint are that the deceased Dr. Sailaja, who herself was a post-graduate student of Gynaecology in the Government Medical College at Kakinada (A.P.), after getting married had a baby of seven months. She noticed a boil near her private part, for which she allegedly contacted the OP No. 2 Dr. S. Jagadeeswari, who is a Senior Obstetrician and Gynaecologist in the Government General Hospital attached to the Medical College in Kakinanda, who after diagnosing the ailment as Perianal Abscess, allegedly with an ulterior motive to make money, referred the deceased to the OP No. 1 Nursing Home. The deceased was operated upon on 23.5.1997 in the OP No. 1 Nursing Home under general anaesthesia at about 8.30 a.m. After surgery it is alleged that, the OP No. 2 left the Nursing Home, and it is at this stage that the deceased developed rigours and her condition progressively grew worse to the extent that the OP No. 2 had to be called, who came and advised her immediate shifting to the Government General Hospital, Kakinada and it was done at about 10.15 a.m. and wherein she was treated by Dr. M. Siva Sankar, who administered some injections and other treatments but it was of no use as the deceased expired at 11.00 a.m. The acts and omissions and commissions relating to medical negligence have been referred to in paras 10 and 11 of the complaint which read as under:

"10. That the opposite party No. 2 had been grossly negligent and callous in taking pre-operative care, performance of the surgery as well as in taking post-operative care due to which the wife of the complainant had met with her premature demise at very early and young age of 26 years.

11. That the opposite party No. 1 Nursing Home had also failed or neglected to possess basic and minimum facilities for operative and post-operative care for even minor surgery like the present one. Dr. V. Seshumamba and the para-medical staff of the hospital failed to take such pre-operative and post-operative care as to make the patient come out of surgery healthy as any ordinary patient of common prudence would hope for; but caused the premature death of the wife of the complainant."

3. Thus, alleging medical negligence a complaint has been filed with a prayer to grant Rs. 60,10,000, break-up of which is as follows:

I. Loss of Medical Career of the deceased as a Gynaecologist and loss of earnings @ Rs. 10,000 per month for 25 years (assuming that she secured a job in Combined Medical Services or as a Gynaecosome hospital and worked for 25 years Rs. 30,00,000

II Loss of consortium, compenionship, mental agony and suffering to the complainant for about 40 years (assuming that she lived for an average span of life of 65 years). Rs. 10,00,000

III. Loss of motherly care and love of the baby-boy for about 40 years Rs. 20,00,000

IV. Expenses:

(a) Medical Expenses including the fees, hospital charges and medicines Rs. 5,000

(b) Incidental expenses Rs. 5,000 Rs. 10,000

Total Rs. 60,10,000

4. The notices were issued to the opposite parties who filed common written version and denied any medical negligence on their part.

5. It is the case of the first opposite party that their Nursing Home is fully equipped and has all the facilities including the para-medical staff and all pre-operative and post-operative care was taken. It was their case that when the deceased came for consultation on 21.5.1997, the OP No. 2 found this to be a case of Bartholin's abscess' which occurs in vaginal regions. Opposite party who is a Head of the Unit 2 of Gynaecology in the Government Medical College, after examination advised incision and drainage of the abscess' at the Government General Hospital but in