IMPORTANT POINTS:
• Evidence are not sufficient to conclude that there was any kind of omission or negligence on the part of the doctor and the hospital management in dealing with the case of the deceased. Of course, an unfortunate incident has taken place in this case as the life of an young lady was lost at the age of 23 years. It is true that she left this world leaving behind the new born baby as well as her elder child aged only 4-5 years. But the hospital management and the doctor who treated her can be found guilty of professional negligence only if there is definite and concrete evidence to prove that reasonable skill, care, treatment and attention were not provided to the patient by the doctor concerned and the hospital authorities that was expected from a professional.
• Some unfortunate incidents like this may result in death of the patient which is beyond the control of the doctor as in this case as eclempsia is a serious complication which may occur rarely to pregnant ladies; which may sometimes not possible to predict as it is like a flash of lightening.

An young lady by name Sabeera, wife of one Mohammed Tariq, died on 22.4.2007 while undergoing treatment at Al Shifa Hospital, Perinthalmanna. The plaintiffs, her legal heirs and legal representatives have filed a suit against the management and the Consultant Gynecologist of Savera Hospital, Tirur as O.S No. 61 of 2012 for damages as she was under prenatal treatment before the said hospital. The suit was dismissed by a judgment and decree dated 18.10.2012. Feeling aggrieved, the appeal has been filed by plaintiffs 2, 4 and 5/the appellants.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial court in the suit.

3. Shorn of unnecessary details, the facts of the case are as under:

Deceased Sabeera was the wife of the second plaintiff. When she was pregnant for the 2nd time, she was under prenatal care and treatment of the 4th defendant, the consultant gynecologist of the first defendant hospital since 14.9.2006. On the first visit itself, she had complained to the gynecologist about recurrent severe headache, persistent excessive vomiting, drowsiness and swelling on feet and hand, dizziness, fever, intermittent incidents of double vision, blurred vision and acute pain in stomach. But it was not taken care of in the proper sense by the gynecologist saying that such symptoms were quite common among pregnant women. Sabreea had developed edema on her face and legs on 16.4.2007, but her blood pressure was not checked though she consulted the gynecologist on 17.4.2007. On 20.4.2007 she was admitted in the 1st defendant Hospital as an inpatient and as her condition was worse, she was referred for better treatment and thus she was admitted in Al Shifa Hospital, Perinthalmanna on 21.4.2007 at about 1.30 a.m. But on the next day i.e. on 22.4.2004 by about 1.30 a.m. she died. Her death was due to the negligence on the side of the defendants. Though she had symptoms of pre-eclampsia, a serious complication of pregnancy it was not diagnosed properly and proper care and attention was not given by the gynecologist and the hospital authorities and thus she lost her life at the young age of 23 years. Hence, the suit was filed for realization of an amount of Rs.10,00,000/-as damages from the defendants.

4. The defendants resisted the claim inter alia contending that there was absolutely no negligence on the side of the hospital authorities as well on the side of the 4th defendant/the Gynecologist, who attended her in the hospital. Her LMP was on 1.8.2006. The fourth defendant had treated her with reasonable care and skill. During antenatal check up, all routine investigations including immunization were given to the patient. But on 20.4.2007, she came to the hospital with complaints of severe epigastric pain and headache. As she had a raised blood pressure the fourth defendant admitted her to manage the situation. Impending eclampsia was doubted in diagnosis. So, necessary investigations were advised and requisite treatment were given and the physician was also consulted and as her blood pressure was not reducing, termination of pregnancy was decided to be done by conducting an emergency Cesarean section. But it was advised by the anesthetist that it was better to have the surgery in a hospital where ventilation facility and blood bank were available. Therefore, the patient was referred to PVS Hospital, Calicut having excellent facilities. Since eclampsia was doubted, the doctor had given all kinds of treatment possible in that hospital and referred the patient to a higher center having more facilities for treatment. There was absolutely no negligence on the part of the defendants in providing treatment to Sabeera. There was no negligence or deficiency of service and hence the plaintiffs are not entitled to realize any amount as compensation from the defendants.

5. Before the court below, PWs 1 to 4 were examined and Exts.A1 to A24 were marked for the plaintiffs. For the defendants, DW1 was examin