Haryana

StateCommission

A/130/2019

NARESH KUMAR SHARMA - Complainant(s)

Versus

ASIAN INSTITUTE OF MEDICAL SCIENCE AND ANOTHER - Opp.Party(s)

GINNIJEET MALHOTRA

22 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.130   of 2019

 Date of Institution:05.02.2019

  Date  of  Decision:22.02.2019

 

Naresh Kumar Sharma aged about 55 years
S/o Sh. Madan Lal Sharma, R/o H.No.337, Sector-10 Faridabad, Haryana.

…..Appellant

Versus

 

1.      Asian Institute of Medical Science, Nadhkal Flyover, Sector 21-A, Faridabad through its Principal Officer/Managing Director.

2.      Dr.Rakesh Kumar consultant Medical (Gastroenterology).

3.      Dr.Uma Rani M.D.Sr. Consultant Pathologist, all three doctors are working with the Asian Institute of Medical Science, Sector 21-A, Faridabad.

…..Respondents

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

                    Mrs.Manjula, Member

 

Present:-    Mr.Ferry Sofat, Advocate for the appellant.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

          The facts material to the case are that on 24.04.2015, the complainant was admitted in the opposite party’s hospital due to abdomen pain and was diagnosed with stone in gall bladder. The complainant was operated upon 25.04.2015 and was discharged on 29.04.2015.  On 05.06.2015, he was again admitted with the same cause. All the tests were conducted, the OP advised operation and gave an estimated bill of Rs.4,36,630/- to be deposited immediately.    He spent huge amount for getting diagnose of malignancy which was wrongly declared by the O.ps. He spent Rs.1,77,860/- on his treatment.  He also spent Rs.75,000/- on medicine.  Thus there was gross negligence and deficiency in service on the part of the O.ps.

2.        In reply, the opposite parties filed joint written statement and alleged that  on 06.06.2015 MRCP MRI was done to procure detailed image of reasons behind jaundice.  Brush Cytology sample was taken from CBD to rule out cholangio carcinoma (cancer).    The Microscopic examination was also conducted to clear the doubt of cancer.  Microscopic examination  reveals smears show sheets and small groups of highly dysplastic cells with high N: C ratio, hyper chromatic irregular nucleus with degrnerative changes on haemorrhagic background.  O.P.No.3 diagnosed highly suspicious for malignancy and advised Biopsy which was the test to clear the doubt of Malignancy. O.Ps denied that they advised operation and gave him estimated bill.  He did not follow the advice of O.P.NO.3 to have the Biopsy Test.  Thus there was no medical negligence and deficiency in service on the part of the O.Ps. 

3.      After hearing both the parties, District Consumer Disputes Redressal Forum, Faridabad (In short “District Forum”) dismissed the complaint vide impugned order dated 04.01.2019.

4.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

5.      The argument have been advanced by Sh.Ferry Sofat, the learned counsel for the appellant. With their kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of  both the parties had also been properly perused and examined.

6.      The learned counsel for the present appellant has heard at length on the question of issuing notice of motion.

7.      It has been contended that due to wrong medical advise given by the O.ps. to the complainant, which had suffered the mental and physical agony, whereas a contrary report was made by the other doctors which had ruled out the existence of serious medical ailment being suffering from cancarious. This commission has also gone through the report submitted or prepared by the treating doctors, merely on the ground that the report has been found to be distinguishes does not attract the medical negligence of the concerned doctor.  Hence no sufficient ground is made out to issue a notice of motion. Hence, appeal, as such, is dismissed at the initial stage.

 

Ferbruary 22th, 2019  Mrs.Manjula        Ram Singh Chaudhary,                                              Member               Judicial Member                                                          Addl.Bench                    Addl.Bench                 

S.K.