Date of filing : 26.12.2005.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT C.C. No.14 of 2006 Orders pronounced on: 31.07.2025 Shanthi Prabhuram, W/o.S.Prabhuram, No.203/3, Asiad Colony, 7^th Avenue, Thirumangalam, Anna Nagar West Ext., Chennai 600 101. ... Complainant vs.

1.Dr.S.Venkatraman, 4/38, IV Main Rd., Nanganallur, Chennai 600 061.

2.C.M.Hospital, Rep. by Dr.Chandrika Manimaran, No.1, 47th Street, Nanganallur, Chennai 600 061. ... Opposite Parties.

For Complainant : M/s.N.Suresh For Opp. Parties : Dr.B.Cheran This Complaint came up for final hearing on 30.08.2023 and, after hearing the arguments of the counsels for the parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President .

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The complainant herein has filed this Consumer Complaint alleging medical negligence and deficiency in service as against the 1st OP that he had injured the Bile Duct while performing Laparoscopic Cholecystectomy for gall bladder removal and had miserably failed to diagnose and treat the complications that arose from the procedure performed in a negligent manner which caused her a great deal of physical pain, mental agony and financial burden that had devastated her and also affected her career prospects, and she seeks to direct the 1st OP to pay to her a sum of Rs.15,51,100/- towards damages / compensation/ reimbursement, etc. along with interest @ 18% p.a. from the date of filing of the complaint till the date of realization and another sum of Rs.5 lakh towards deficiency of service and mental agony.

2. In brief, the case of the complainant is as follows:-

The complainant was previously suffering from severe abdominal pain due to hiatus hernia, for which, she had taken treatment from the 1st OP, who had prescribed some oral medications that gave some temporary relief. While so, on 19.04.2004, she had once again developed acute abdominal pain for which she had visited the 1st OP who had advised her to take a scan and the report revealed gall bladder stones. Thereupon, the 1^st OP had advised the complainant to undergo laparoscopic Cholecystectomy/Gall Bladder Removal Surgery at the hospital of the 2^nd OP where, the complainant was admitted on 21.04.2004 at 10 AM. for the surgery fixed in the forenoon, however, the procedure was to be conducted only at 10.30 PM. and although it was told that the duration of the procedure was just 50 to 60 minutes, it was over only at 2.30 AM. Post- surgery, when the complainant regained consciousness after coming out from the effects of anesthesia, she had pain and difficulty in breathing which according to the 1^st OP was due to overdose of anesthesia at the 2^nd OP and when the husband of the complainant raised a query in that regard, the 1^st OP had ignored him, however, told the father of the complainant later that it was a complicated case which is contrary to the initial statement by the 1^st OP that it was a simple minor operation. At the time of discharge, she was advised to meet the 1st OP after one week, however, a few days later, she started noticing nails and eyes becoming yellowish and was also passing yellowish urine and she had visited the 1^st OP who ordered a blood test and the report revealed jaundice and also, a scan was done on 28.04.2004. It was told by the 1^st OP that there was accumulation of fluid in the Sub-hepatic Space and, on the next date, she was admitted in the 2nd OP where the 1st OP did aspiration (fluid drainage) in a quite improper manner by pulling out the fluid through syringe and injection and, in that process done without any sedation, she was put to severe pain and suffering. Even after that, the complainant was unable to intake any food due to recurrent vomiting and as instructed by the 1^st OP and suiting his convenience, she was admitted at Agash Nursing Home on 12.05.2004 for aspiration pr