ORDER

R. Lakshminarsimha Rao, Member (Oral)- The unsuccessful complainant is the appellant. He filed complaint claiming an amount of Rs. 20,00,000 towards compensation on the premise that his wife died on account of deficiency in service by the respondent in rendering medical treatment to her.

2. The case of the appellant as seen from the averments of the complaint is that the appellant's wife was admitted on 18.8.2010 in the hospital of the respondent with complaint of ulcerous growth on her leg and she was discharged from the hospital on 26.8.2010 with an advice for review after four days. The respondent operated upon the leg of the patient during her stay in her hospital and conducted relevant tests for the purpose of the surgery in his diagnostic centre. The respondent supplied medicine from the medical shop that he runs in the premises of the hospital.

3. The appellant's wife became unconscious on 29.8.2010 and developed complications. She was taken to Vishwa Bharathi Super Specialty Hospital, Kurnool where tests were conducted and she was diagnosed with septicemia and encephalopathy, complicated Malaria and she was referred to higher centre at Hyderabad for better treatment. She was taken to Yashoda Hospital, Hyderabad on 29.8.2010 where while undergoing treatment there she died at 3 p.m. on 30.8.2010. The patient died due to substandard medical treatment rendered by the respondent.

4. The negligence of the respondent in rendering treatment is confirmed by the record of Vishwa Bharathi Hospital and the doctors of Yashoda Hospital. The appellant launched criminal proceedings against the respondent and got issued notice through his Advocate to the respondent on 11.10.2010 claiming compensation. The deceased was aged 25 years by the time of her death and she left behind two minor children, a son and daughter, Narsimha Naidu and Swapnika. The appellant incurred an amount of Rs. 1,00,000 towards medical expenses of his wife.

5. The respondent resisted the claim on the premise that his hospital has accommodation of 10 beds and on 18.10.2008 the appellant's wife came to the respondent with the complaint of ulcer in her leg for a period of one month. The respondent cleaned the wound and dressed it with Atraman-C and he prescribed antibiotics. All her blood parameters were normal except evidencing infection (urine alblumin-2+). She was treated as out-patient. The next day she was treated as out-patient and her wound was cleaned and dressed.

6. On 20.8.2010 the appellant's wife expressed her inconvenience to be treated as out-patient and requested for admission and though in-patient treatment was not required, on her request the respondent admitted her as in-patient in his hospital on 20.8.2010 and cleaning and dressing of the wound was made till 23.8.2010 and it was observed that the wound was healing. On 23.8.2010 there was rise in her temperature and on 24.8.2010 blood examination conducted revealed negative result for malarial parasite. The dosage of antipyretic drug was slightly increased in addition to regular antibiotics and supplements of vitamins. On 25.8.2010 the patient left the hospital for Koilkunta to attend a Court case and returned in the evening.

7. On 26.8.2010 the patient presented with symptoms of jaundice and her blood examination report had shown positive for jaundice. The respondent prescribed medicine with liver supportive drugs. The wound was found healed. As daily treatment is not required for cure of jaundice, the patient was discharged with an advice to come for follow up treatment after a period of five days. She was advised not to take native medicine at her village. The test conducted at Vishwa Bharathi Hospital had shown that the patient did not suffer from Malaria. The doctor there could not give any definite finding on 29.8.2010 and he suspected the patient suffering from malarial encephalopathy not basing on the blood report. The doctor suspected it to be septicemia and he could not diagnose it as septi