Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
S. Chandradas Nadar, Judicial Member This is a complaint filed under Section 12 of the Consumer Protection Act. 2. The following are the main allegations in the complaint. The first complainant is the husband of Mini Philips who died due to the negligence and laches that occurred during the course of laparoscopic surgery done to her on 25.9.2006 at the DeenHospital, Punalur. Complainants 2 and 3 are the minor children of the first complainant and deceased Mini Phlips. The said hospital is the first opposite party and it is alleged that the second opposite party is the proprietor of the first opposite party hospital. Opposite parties 3, 4 and 5 were working as doctors at the first opposite party hospital. The first opposite party had given advertisements narrating the details of treatments available and also made propaganda regarding treatments in gynecology and laparoscopic surgery available through other opposite parties. Late Mini Philips was employed as a cashier in the Hoora Superm...
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
SHRI. K.CHANDRADAS NADAR, JUDICIAL MEMBER These appeals are directed against the order of the CDRF, Palakkad in CC.128/05 dated 22.10.2010. Appeal 686/10 is filed by the 1st opposite party, Appeal 76/11 is filed by the 2nd opposite party and appeal 515/11 is filed by the complainant. The complainant was a minor girl aged 7 years represented by her father as the guardian. She approached the Forum alleging medical negligence against the opposite parties. It is alleged that the complainant suffered a fall from the wardrobe step having a height of about 3 feet, on 16.4.2005 and sustained fracture of the left fore arm. She was immediately brought to the 2nd opposite party hospital represented by the Managing director and was admitted there. She was attended by the 1st opposite party, the doctor attached to the 2nd opposite party. The complainant was taken to the operation theatre and plaster cast was applied for the reason that she had sustained fracture shaft of ulna. By night complainant...
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
SHRI. S. CHANDRA MOHAN NAIR : MEMBER The order dated : 31.05.04 of CDRF, Kannur in OP 274/01 is being challenged in this appeal by the 1st opposite party calling for the interference of this commission as to the sustainability of the order passed by the Forum below. As per the impugned order the opposite parties are directed to pay an amount of Rs.50,000/- as compensation and Rs.2,000/- as cost to the complainant within 1 month from the date of receipt of the order of the Forum below. 2. Heard the learned counsel for the appellant and the 1st respondent/complainant. 3. The learned counsel for the appellant had argued that there was no deficiency or negligence on the part of the 1st opposite party who was the orthopaedic surgeon of the 2nd opposite party hospital and who had treated the complainant consequent to an accident on 24.8.2000. It is his very case that as soon as the complainant was admitted, X-ray was taken and finding that there was dislocation on the elbow it was corrected ...
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
SHRI. M.V VISWANATHAN : JUDICIAL MEMBER Complaint filed under section 17(a)(i) of the Consumer Protection Act, 1986. 2. The case of the complainants is as follows:- Complainants are the legal heirs and legal representatives of deceased O.K.Vasanthakumari who was a patient of the opposite parties. 1st complainant is the husband, complainants 2 and 3 are the minor children and 4th complainant is the mother of the deceased Vasanthakumari. The patient, Vasanthakumai was aged 29 years and was a teacher in Kuttiyattoor UP School. She died on 25.7.1997 at 1.45.am due to the negligent and carelessness of the opposite parties in treating her in connection with her 2nd delivery. The opposite parties failed to provide reasonable care in treating the patient, Vasanthakumari. There was deficiency in service on the part of the opposite parties and only due to the negligence and carelessness and deficiency in service of the opposite parties, the patient Vasanthakumari died on 25.7.1997 at 1.45.am whi...
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