A 23 years house wife suffering from fracture died on Operation Table alleged to be due to excessive dose of the anesthesia.

The main allegation against the Respondent No.1 is that it is not having standard infrastructure prescribed for private Nursing Homes and it does not have fully equipped operation theatre.

It was stated that the deficiency and negligence on the part of the opposite parties is proved by the fact that the report dated 11.12.2008 of the Medical Council of Karnataka has clearly confirmed the finding that the cause of death was a cardiac arrest which was caused by excessive use of anaesthetic drugs.

That Dr. S. Chaya, in the expert report has not even observed as to what drug was given for anaesthesia and what was the dose that was given? The Medical Council of Karnataka accepted the report only to save the doctor and the hospital.

NCDRC observed that the complainants have filed an appeal against revised order of Medical Counsel of Karnataka. Therefore, till the representation is pending, the revised report of the Medical Counsel of Karnataka dated 21.03.2013 cannot be accepted.

Consumer forums at all three levels found doctor negligent as alleged by complainant that cause of death was due to excessive dose of anesthesia ignoring expert opinion in this report.

NCDRC enhanced compensation and modified order of compensation and shifted liability to hospital from joint and several liability. It is interesting to mention that court awarded compensation without negligence proved by the complainant.

This Research paper deals with duty of hospital, role of expert opinion, compensation for death of house wife, enhancement of compensation, etc.