Complainant has filed the present revision petition.

          Complainant had filed a complaint with the allegation that                she had consulted Dr. Ashok Mittal, respondent no. 1, and as per his advice, she got her admitted in St. Francis Hospital on 16.3.1993.  After examination, respondent no. 1 told her that an operation             was required to be done as there was obstacle in the backbone                and demanded fee of Rs.9000/-.  Complainant paid the said fees,      

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and respondent No. 1 and 2 performed the operation.  According to the complainant, operation resulted in senselessness in the body below the breast region and she was bedridden and required catheter for passing urine.  It was alleged that respondent no. 1 and 2 were negligent in doing the operation as they were not capable of performing the operation.

          Petitioner did not produce any medical expert in support of her case. 

District Forum allowed the complaint and directed the respondent no.1, Dr. Ashok Mittal, to pay Rs.1 Lac for mental and physical agony suffered by the petitioner and Rs.500/- were awarded by way of costs.  Complaint against respondent no.2 and 3 was dismissed as there was no direct evidence against them.

          Being aggrieved, respondent no. 1 filed an appeal before the State Commission.  The State Commission reversed the order of the District Forum and held that respondent no. 1 was not guilty of any medical negligence or was deficient in rendering the services;  that the respondent No.1 had conducted all the relevant tests before performing the operation;  after having thoroughly examined her and

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keeping in view the history of the disease and the progressive paraplegia from which she was suffering.  Doctor had explained to the patient and her relatives the likely consequences of the operation to be done.  Dr. Mittal associated Dr. Jhala in operation and                Dr. Rajiv, Neurologist, an anesthetist and trained & well skilled nursing staff while performing the operation; that St. Francis Hospital was a well-equipped and modernized hospital for major operations like cardio thoracic, abdominal plastic, gynaec, ENT, Neuro, Spinal Surgery and orthopedic surgery, etc. 

          The State Commission after referring to various judgments including a judgment of House of Lords as well as Teylor’s Medical Jurisprudence, came to the conclusion that the respondent No. 1 could not be held guilty of any medical negligence and that the petitioner had not produced any opinion of medical expert to show that there was any negligence on part of Dr. Ashok Mittal in taking up or in performing the surgery.  The State Commission has listed                  14 Grounds to hold that the respondent No.1 was not guilty of medical negligence and the same reads as under:

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1.      Dr. Ashok Mittal, is, as is gathered from the detailed particulars of his qualifications & experience given in the prescription slip issued by him to the Complainant on 15.3.1993, is an Orthopedic Surgeon having obtained his M.B.B.S. and Diploma in Ortho, from Bombay and MNA MS. (Orthopedics) TH from Bombay and stood registered as such in Bombay and Rajasthan.  He was ex.- Resident of Orthopedics at Bombay Hospital, Bombay Nanawati Hospital Bombay, Har Kishan Dass Hospital Bombay, Wadia Chldren Hospital Bombay.  He was approved as such for HMT Mayo College and University at Ajmer and  was Consultant Orthopedic Surgeon with St. Francis Hospital Ajmer, Mayani Hospital, Ajmer, and Holy Family Hospital, Ajmer.  He runs his own clinic at Ajmer (under the name of MEDINOVA) as a center for Bones & Joint Surgery.

       2.      The Complainant had consulted Dr. Mittal at his clinic on 15.3.1993 and after having expressed his opinion over the disease, complained of by the Complainant to him, he had referred her to Dr. Rajiv Mathur, a Neurologist, for further expert opinion.

3.      It was not disputed before us that Dr. Rajiv Mathur was an experienced and well-known Neurologist and after examining the Complainant on 16.3.1993 he had advised her to undergo spinal cord operation for the cure of her ailment.  The Complainant had thereupon, got herself admitted in St. Francis Hospital on that very day.

       4.      From 16.3.1993 to 22.3.1993 the Complainant was subjected to the requisite and necessary pre-operative tests and investigations for the purposes of performing inter-dural spinal cord operation on her.  In particular both of her lower limbs with urinary relation were clinically examined.  Myelography had shown space-occupying lesion at T-2 and that was explained to the relative, of the Complainant.

       5.      Since no extra-dural cause of compression was detected on clinical examination infra-dural operation was under taken.  The Complainant was operated upon for the cure of her progressive paraplegia on 22.3.1993.  Before proceeding to operate her, written consent of husband was duly obtained.

       6.      The operation was performed on her under the above supervision of Dr. Jhala, who is not disputed to be an Orthopedic Surgeon of fame at Ajmer, besides Dr. Mittal and trained Nursing Staff of St. Franci Hospital, Ajmer.

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7.      St. Francis Hospital Ajmer is as deposed by Sister Clara in her affidavit & such deposition has not been rebutted by the Complainant, a well equipped and modernized hospital for performing such and other like major operations.

       8.      At the time of performing the operation services of a neuron-surgeon and an anesthetist were duly obtained.

       9.      In the course of operation biopsy was also performed to investigate leminectomy decompression.

       10.    There is no evidence on the point that any sensitive nerve attached to the spinal cord was cut and it was due to such cut that loss of sensation in the lower half of Complainants body had resulted.

       11.    Dr. Mittal gave quite satisfactory post operation services to the Complainant at her residence.

       12.    Purchase of medicines from different Medical Stores at Ajmer during the months from March 1993 to August 1993 as per prescription slips issued by the St. Francis Hospital, speak that the Complainant did not find any fault with the services rendered to her in her operation at the St. Francis Hospital, Ajmer.

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13.    The Distt. Forum has found no fault with the services rendered to the Complainant by Dr. G. S. Jhala who had led the team of medical professionals in the performance of operation on the Complainant.

       14.    The Complainant did not specifically allege and prove as to at what stage the alleged negligence was committed by the Dr. Mittal , Dr. Jhala and Nursing staff of St. Francis Hospital.”

          A perusal of the above paragraphs would clearly show that         Dr. Mittal, apart from taking all possible precautions and care while performing the surgery, had also associated with him an Orthopedic Surgeon of fame at Ajmer as well as a Neurosurgeon and an Anesthetist. 

          Hon’ble Supreme Court of India in “Jacob Mathew V/s State Of Punjab & Anr., (2005) 6 SCC 1”  has held that Onus to prove the medical negligence is on the complainants which the petitioner has failed to discharge by  producing evidence of any expert.  Counsel for the petitioner was unable to point out any contradict of the findings returned by the State Commission.

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          The State Commission has further noted that Dr. Mittal had already provided a wheel chair to the petitioner.  The State Commission, while holding Dr. Mittal not to be guilty or negligent, has directed the respondent to pay a sum of Rs.25,000/- ex-gratie to the petitioner keeping in view that the complainant was a poor lady. 

            Counsel for the petitioner has failed to persuade us to take view other than which has been taken by the State Commission.  Dismissed.  No costs.