ORDER

PER S.K. NAIK, MEMBER

This appeal is directed against the order dated 5.8.2005 passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short ‘State Commission’) vide which complaint filed by Smt.Jayalakshmi alongwith her husband and minor daughter alleging medical negligence against respondent No.1 – HOSMAT Hospital and its doctors – respondent Nos. 2 to 4 was dismissed.

The case as made out by the appellant/complainant is that complainant No. 1 – Smt. Jayalakshmi had a fall/slip in her house on 10.9.1997 resulting in a fracture on her right leg. She was taken to HOSMAT Orthopaedic Hospital – respondent No.1 and admitted the same day. She was hospitalized there until 24.9.1997. The respondents decided to conduct surgery on 18.9.1997, knowing fully well that she was diabetic. On a previous occasion, the General Physician – Dr.Anand Rao – respondent/ opposite party No.4 had suggested that until the sugar level is controlled, it is not advisable to undertake the surgery. On the day of the operation i.e. on 18.9.1997, no clearance had been obtained from the said physician. It has been alleged that the surgery was conducted with undue haste without monitoring