IMPORTANT POINT
The main legal point established in the judgment is the requirement for sufficient medical evidence to establish medical negligence and the duty of care owed by medical professionals to their patients.

JUDGMENT :

1. This is an appeal filed under Section 96 of the Code of Civil Procedure, 1908 challenging the Judgment and Decree passed by the learned City Civil Court, Ahmedabad in Civil Suit No.4329 of 1991 on 30.11.2005

2. Heard the learned advocates for the respective parties.

3. The challenge is made against the Judgment and Decree passed by the learned City Civil Court, Ahmedabad in Civil Suit No.4329 of 1991 on 30.11.2005, wherein the suit of the plaintiff was partly allowed and the defendants-present appellants are directed to pay Rs.77,000-00/- with interest @ 9 per cent from the date of filing of the suit till realization to the plaintiffs-respondents.

4. The brief facts of the case are that the plaintiffs- respondents filed a Civil Suit claiming Rs.90,000-00/- as damages with 18% interest from the defendants-plaintiffs on the ground of medical negligence being committed by the doctors of the defendant No.1. The wife of the plaintiff No.1 Bharti Sarswati Appukuputtan consumed acid and was taken to defendant No.1 i.e. Hospital on 06.08.1990 at 4:00 p.m. On 09.08.1990 at around 3:00 p.m., the wife of plaintiff No.1 was started with blood transfusion treatment and after completing the first bottle of blood at 7:00 p.m., the second bottle of blood was started to be transfused. But at around 8:45 p.m., the deceased-Bharti Sarswati Appukuputtan (hereinafter referred to as ‘deceased’) expired. The case of the plaintiffs is that due to gross negligence committed by doctors of the defendant No.1-Hospital, plaintiff lost his wife and plaintiff Nos.2 and 3 lost their mother. In the post-mortem report, the cause of death was reserved till receipt of HPE and Chemical Analysis Report comes. Notice dated 19.04.1991 was issued by the plaintiffs under the Bombay Provincial Municipal Corporation Act and claimed compensation of Rs.90,000/- from the defendants.

4.1. The suit was resisted by the defendants by filing Written Statement at Exhibit-22 and denied the allegation of negligence as well as denied the liability of paying compensation. It was contended that the cause of death of the deceased was Cardio Respiratory Failure and there is no medical negligence on the part of the doctors who treated the deceased.

4.2. The following issues were framed at Exhibit-37;

“(1) Whether plaintiff proves that deceased died due to treatment negligently given by the doctor of V.S. Hospital and the defendants?

(2) Whether defendants prove that they have acted under good faith and hence they deserves statutory protection?

(3) Whether defendants prove that cause of death of the deceased was directly due to cardiorespiratory and not because of the negligence on the part of the defendants?

(4) Whether plaintiffs are entitled to get compensation in respect of negligence shown by the defendants?

(5) What order and decree?”

4.3. Plaintiff No.1 was examined at Exhibit-38 and defendant also examined Dr. Apurva Narhari Vora at Exhibit-43 After recording evidence and after considering the material available on record, the learned City Civil Court, Ahmedabad partly allowed the suit by awarding Rs.77000/- towards compensation with 9% interest from the date of filing of the suit till realization in favour of the plaintiffs.

4.4. Being aggrieved and dissatisfied with the impugned judgment and decree, the present appellants are before this Court.

5. Learned advocate for the original defendant-appellants submitted that Bharti Sarswati Appukuputtan was admitted in the defendant No.1-Hospital as the deceased had consumed Hydrochloric Acid, which is normally used to clean the toilets. The deceased was admitted in defendant No.1-Hospital on 06.08.1999 at around 3:40 p.m. under Medical Unit No.1 and the treatment was started to minimize the effect of acid. Treatment was given to dilute the effect of acid in the body but since the acid which was consumed by the deceased was being very much powerful, the stomach of the deceased was badly damaged and the condition of the deceased was suc