A hospital is liable for the negligence of its doctors and staff.

JUDGMENT

Mr. Justice P.K. Musahary, President - Heard Mr. R.P. Kakoti, learned Senior Counsel assisted by Mr. T. Das, learned Counsel for the Complainant. Also heard Mr. S. K. Goswami along with Mr. A. Acharjee, learned Counsel for the Opposite Parties.

2. The Complainant, a businessman by occupation and a resident of Dolgaon in the district of Darrang, Assam married Smt. Chandrani Sarkar who hailed from Tura Garopahar in Meghalaya. She got conceived sometime in the month of November, 2003 and as per her attending physician, she was expected to deliver child in the first week of August, 2004. As at the relevant time the complainant's wife was residing at his permanent residence at Dolgaon, necessary medical advice and treatment was given to her by Dr. B.C. Kalita, a specialist in Obstetrics and Gynaecology of Mangaldoi. On the advice of the said doctor he got his wife's pregnancy test/investigation done mostly at Tohbildar Clinical Laboratory and Radhika X-ray and Imaging Centre at Mangaldoi. As per various test reports, his wife was carrying normal pregnancy with single foetus and maintaining healthy physical and mental state.

As desired by the maternal family, the Complainant brought his wife to Tura for better care under her mother. Before shifting his wife from Mangaldoi, the Complainant visited the Tura Christian Hospital (OP Hospital in short), and on his query the said hospital assured him all facilities for the purpose of delivery of the child. On being so assured, the Complainant got his wife admitted in the said hospital on 31.7.2004 in an absolutely normal state.

On 9.8.2004 at about 3 p.m., the management of the OP Hospital informed the Complainant that as per their observations, normal delivery was not possible and so they had taken his wife to operation theatre and started the caesarian operation for delivery of the child. Surprised by the intimation about sudden caesarian operation without prior information, the Complainant rushed to the OP Hospital. While he was anxiously waiting in the hospital to know about the progress of the operation, he was informed at about 4p.m. that the operation was successful and a male baby was extracted but his wife was in an unconscious state due to the effect of anesthesia. The OP Hospital management assured that his wife would soon regain her sense. Despite being still in an unconscious state even about 5 (five) hours after the operation, she was shifted to the ward concerned at about 8.30 p.m. Her unconscious state continued for the whole night and she was declared dead by the doctor at about 4 a.m. of 10.8.2004.

The hospital management charged an amount of Rs. 11,485 by furnishing a bill dated 10.8.2004. The Complainant was allowed to take the dead body of his wife only when he paid the said billed amount.

3. The Complainant in his petition has broadly brought the following allegations against the OP Hospital management:

(i) The OP Hospital has no qualified anesthetist and did not contact any outside qualified anesthetist.

(ii) During the caesarian operation an overdose of anesthesia was administered on the Com-plainant's wife by a child specialist (pediatrician) of the Tura Christian Hospital who was not a qualified anesthetist.

(iii) Except providing oxygen, no special care and treatment to save his wife's life was taken although she did not regain consciousness within the prescribed time. She was not even kept in the ICU, rather shifted to and kept in the general ward whole night till the doctor declared her dead the next morning at 4 a.m.

(iv) The Complainant lost his wife due to negligence and careless-ness of the OP Hospital management in providing medical care, facilities, treatment and attention and also deficiency in service.

4. The claimant has demanded payment of Rs. 45,00,000 as monetary compensation from the opposite parties under various counts as detailed here under: