Medical negligence established due to lack of adequate post-operative care leading to complications.

1. Opposite parties in C.C. No. 306/2008 of Consumer Disputes Redressal Forum, Ernakulam, in short the District Forum, has filed this appeal against the Order passed by the Forum by which they were directed to pay Rs. 7,38,859.69 to the respondent / complainant.

2. The averments contained in the complaint are, in brief, as follows: Complainant is employed as High Court Assistant in the Hon'ble High Court of Kerala. Marriage of the complainant was on 26.10.1996. Her husband is employed abroad. The complainant delivered their first child on 25.11.2004 at the Ahmed Medical Corporation Hospital, Doha, Qatar. The delivery was a normal one. Lured by the propaganda of the opposite parties providing assistance for consummation and efficient pre - natal services, painless delivery and other related medical services, the complainant and her husband approached the 2nd opposite party even prior to the consumption of second child and on medication advised by the 2 nd opposite party, the complainant conceived her second child. The opposite parties, husband and wife, together, are running the institution. The complainant was regularly having pre - natal checkups with the opposite parties as advised by them. The complainant was admitted in the 1st opposite party hospital for delivery on 1.4.2007, since there were symptoms of labour pain. She was discharged after two days. As directed by the 2nd opposite party, the complainant was admitted on 16.4.2007 and an advance amount of Rs. 5,000 was paid. On the next day evening, the complainant developed normal labour pain and the same was reported. The 2 nd opposite party without even physically examining the complainant, advised and administered some medication intravenously and she soon went into a deep sleep. When she woke up by next morning, she realized that labour pain she had developed the previous evening had totally disappeared. In the morning, the 2nd opposite party informed that the complainant will have to undergo a caesarean section and she fixed the date for the same on 20.4.2007. On 20.4.2007, the complainant was shifted to the operation theatre around 10 a.m. Complainant was administered spinal anesthesia but she was fully conscious and experienced the pain of surgery being done on her. At that juncture the 1st opposite party told the 2nd opposite party ˜make it fast uterus is getting blue'. After the stitching was done, the complainant again told the 2nd opposite party that she is having severe pain, then the complainant administered sedation and she dozed off. Next morning by 7 a.m the complainant developed severe breathing difficulties and it was informed that her stomach was enlarging. At the instance of the by - stander, the 2nd opposite party examined the complainant and in spite of her severe breathing problem raised both legs of the complainant physically and directed shifting of the complainant to the intensive care unit. A nursing staff enquired about the blood group of the complainant and directed arranging of blood for transfusion. The nurse gave a sample blood portion saying that it has to be taken along with the request form for blood matching to be done at the IMA blood bank. The 2nd opposite party informed the complainant's husband that the complainant is in a critical condition, as, somehow blood had entered her lungs and that has to be removed and also supplementary blood has to be transfused. The complainant's uncle Abdul Majeed brought the blood required. By then, the complainant was extremely pale and drained. The manual ventilator was being physically operated by