Baby Samhitha K. S. VS Cloud Nine

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S. M. KANTIKAR
Baby Samhitha K. S. – Appellant
Versus
Cloud Nine – Respondent

Counsel for the Parties:
For the Complainants:Mr. Arun A. Gadag, Advocate (Through VC)
For the Opp. Party No.1:Ms. Madhusmita Bora, Advocate
For the Opp. Party Nos.2 and 3:Mr. Riju Raj Jamwal and Mr. Bijoy Kumar Pradhan, Advocates

ORDER

The present Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 by Baby Samhitha K.S (minor), through her father Satish K.M (Complainant No. 1), Satish K.M (Complainant No. 2) & Sri. Halappa G.V (Complainant No. 3) against the Cloud Nine Hospital (OP-1) & its doctors Dr. Prakash Kini (OP-2) & Dr. Rekha (OP-3) for the alleged medical negligence.

2. On 09.12.2013, Dr. Ganga H. R. (since deceased, for short the ‘patient’) was admitted to Cloud Nine Hospital (OP-1) for her Caesarean (LSCS) delivery. The LSCS was performed by Dr. Prakash Kini (OP-2) and female baby was delivered. The patient’s Blood Pressure (BP) was fluctuating and after LSCS, it became 180/110 mm Hg. The patient was advised to continue her hypertensive medicines Tab. Alphadopa and Labetalol. It was alleged that the patient (mother) and her newborn were discharged within two days from OP-1 without stabilizing her blood pressure completely. It was against the normal standard of practice. Subsequently, on 12.12.2013 in wee hours at 1.45 am, her condition became worsened and she developed breathlessness, therefore, she was re-admitted to OP-1 Hospital. Dr. Rekha (OP-3) treated her with neb