Case nº Revision Petition No. 2689-2690 of 2010 of National Consumer Disputes Redressal Commission, October 06, 2010 (case 1. C.Unneen, The Managing Director Al-Shifa Hospital and Scanning Centre, 2. Dr. Rani B.Chitoor Vengara Nursing Home Vs 1. C. Sudha W/O R Radhakrishnan, 2. Dr. Saju Xavier Gastroentrologist Al-Shifa Hospital and Scanning Centre, 3. Dr. Cherian Joseph Surgeon M/s. Al-Shifa Hospital and Scannning Centre)

JudgeFor the Appellant: Mr. Jogy Scaria, Advocate
PresidentMr. R.K.Batta, Presiding Member and Mr. Vinay Kumar, Member
Resolution DateOctober 06, 2010

Order:

Per Mr. Viny Kumar, Member

  1. This is a twin revision petition against order of the Kerala State Consumer Disputes Redressal Commission, Appeal No.194 of 2009 and 196 of 2009 passed on 25.3.2010. The present revision petitioners were the two appellants in Appeal No.194 of 2009. Respondent No.1 before us was the appellant before the State Commission in other appeal No.196 of 2009 and the complainant before the District Forum Mallapuram. The revision petition has been moved against the common judgment of the State Commission in these two appeals.

  2. There has been a delay of 14 days in filing this petition. Reasons given in the condonation application are accepted and the matter is considered on merits. Counsels for the two parties have been heard.

  3. R-1/Complainant had undergone operation of hysterectomy. She was discharged on 27.5.1999 and was readmitted the same day due to acute abdominal pain and fever. An emergency operation was also performed and she was discharged on 3.6.1999, with a reference letter to Dr. Varghese of West Fort Hospital, Thrissur. At West Fort she was diagnosed with an infected surgical wound for which the closure surgery was performed and she was finally discharged on 2.8.1999.

  4. In the above background, a complaint of medical negligence and deficiency in service against the Al-Shifa Hospital and its three doctors was filed before the District Forum, Mallapuram. The District Forum ordered payment of the compensation of Rs.155,000, together with costs, to be paid, jointly and severally, by Al-Shifa Hospital where the surgery was done and by Dr. Rani B. Chitoor, the Gynecologist who had performed it. In a common order in the two appeals, the State Commission has confirmed the order of compensation and costs as awarded by the District Forum. In addition the State Commission has awarded 7.5% interest for 2 years. Three months time was granted to pay the awarded amount from the date of order failing which further interest at 7.5% shall be payable from the date of order. The twin revision

    petition before us, as already noted, is filed by the Al-Shifa Hospital and by the Gynecologist who performed the hysterectomy on 20.5.1999.

  5. The revision petitioners have argued that the diagnosis of drug induced gastritis cannot be held to be an error amounting to negligence. This comment completely ignores the fact that the State Commission itself has observed that the rupture of the intestine was detected in the X-Ray...

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