The duty of doctors and hospitals to patients, the liability for medical negligence, and the jurisdiction of the Consumer Forum to entertain complaints alleging medical negligence.

ORDER

Thiru J. Jayaram, Judicial Member - This appeal is filed by the opposite parties against the order of the District Consumer Disputes Redressal Forum, Chennai [North] in C.C.302/2002, dated 25.11.2008, allowing the complaint.

2. The case of the complainant is that his son Loganathan was studying in a Higher Secondary School at Villivakkam, Chennai. On 8.12.2000 and 9.12.2000 the students were medically examined by doctors under the Varumun Kaappom scheme of the Government. On examination of his son, the doctors advised him surgery for Tonsillitis and accordingly he was admitted in the 2nd opposite party's hospital i.e. the Government General Hospital, Chennai and the operation was performed between 11.30 a.m. and 3.30 p.m. on 29.1.2001 and his son was normal till 6.30 p.m. At about 7.30 p.m., an injection was administered and at the time of injecting, his son was shouting that it was painful and ignoring his cries, injection was fully administered and instantaneously his son's body turned blue and he swooned and he was shifted to another room and the doctors informed the complainant that he was kept under ventilation and at about 9.30 p.m. he was declared dead.

3. He requested the 2nd opposite party to furnish the post-mortem report, case history and other medical records pertaining to his son's treatment, but the opposite party did not furnish the records. Therefore, he was constrained to issue a legal notice on 20.2.2001 to the opposite parties, but even then the opposite parties did not issue the medical records and so he filed a writ petition before the Hon'ble High Court of Madras (W.P. No. 5750/ 2001) and the Hon'ble High Court passed an order dated 24.4.2001 directing the 3rd opposite party (The Dean) to furnish the medical records to the complainant within 2 weeks from the date of receipt of the order. But, even after a lapse of 8 months, the records were not furnished to the complainant and so he sent another legal notice on 10.12.2001 to the 3rd opposite party stating that contempt proceedings would be initiated against him for wilful disobedience of the High Court order dated 24.4.2001 in WP No. 5750/2001. At last, the 3rd opposite party furnished the medical records to the complainant; some of the medical records were not complete and so he issued another legal notice dated 30.12.2001 stating that complete records were not furnished to him and subsequently, he filed Contempt Application No. 76/2002 in WP No. 5750/2001 and only at the 2nd hearing before the Hon'ble High Court, the opposite parties furnished the relevant medical records and the contempt application was closed. In the post-mortem report, the cause of death is stated as "The deceased would appear to have died due to the effects of Laryngeal Oedma". His son's death occurred only due to the negligence and deficiency in service on the part of the opposite parties, and hence the complaint praying for direction to the opposite parties to pay a sum of Rs. 5 lacs towards compensation for the loss of his son's life, mental agony, stress and strain suffered by the complainant.

4. According to the opposite parties, as stated in the version filed by the 1st and 2nd opposite parties, the Ampicillin injection was administered to the boy after giving test dose and there was no adverse reaction and only when the 5th Ampicillin dose was administered, the boy developed sudden allergic reactions and in spite of their best efforts they could not save the boy, and there is no negligence or deficiency in service either in diagnosis or treatment/post-operative management and so they not liable to pay any compensation

5. The District Forum considered the rival contentions and allowed the complaint holding that there is negligence and deficiency in service on the part of the opposite parties and passed an order directing the opposite parties to pay a sum of Rs. 5 lacs towards compensation for the loss of his son, mental agony and stress and strain suffered by the complainant