ORDER

PER BHARATKUMAR PANDYA, MEMBER

1. The present complaint under Section 21 of the Consumer Protection Act, 1986 has been filed against the opposite parties – hospital and its doctors for medical negligence resulting in permanent vegetative state of Smt. Shailaja, wife of complainant no. 1.

2. As per the complainant, on 27.11.2009 Smt. Shylaja wife of complainant no. 1 and mother of complainant no. 2 and 3, suffering from low backache, approached OP No. 3 Dr. Muthu, Orthopedic Surgeon for medical advice. OP 3 advised her CT Scan and MRI, which she did on the same day and met Dr. Muthu and showed him the reports. Doctor diagnosed her with problem of spinal cord L-4 and L-5 and advised for an operation and to get admitted in the nursing home for three days. Ms. Shylaja got admitted in OP 1 hospital on 29.11.2009 at 9 a.m. by depositing Rs.35,000/- as an advance. She was operated on 30.11.2009 at around 6.30 a.m. and later shifted to the ICU by 930 am and was put on ventilator for artificial breathing. Treatment continued for about 15 days. Thereafter the patient was weaned off from ventilator and given oxygen support for about three months. She suffered serious brain damage insi