Order No. 1 Cont.....                     Date:23.09.2024

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused and considered the complaint along with photocopies of the documents filed.

Heard Ld. Advocate for the complainant in length.

Ld. Advocate for the complainant submits that in the year 2003 the complainant was diagnosed with Secondary Osteoporosis Left Hip CDH at the age of 29 years and she underwent C Stem Left Total Hip Joint Replacement at MIOT Hospital, Chennai. After the Total Hip Joint Replacement she was able to walk normally and led her life under the medical advice of the doctor of MIOT Hospital, Chennai. The complainant is a school teacher in a Govt. school. In the year 2019 the complainant was facing difficulties in her movement of left hip joint. She consulted one Dr. Kunal Sengupta of Apollo Clinic Dr. Sengupta advised her to go for Implant Revision on her left hip joint. On 28.06.2022 the complainant visited Dr. Buddha Deb Chatterjee/opposite party no.1 who also after medical test, X-Ray, CT scan etc. advised her Implant Revision. On 28.03.2023 the complainant was admitted in Apollo Hospital under Dr. Buddha Deb Chatterjee/opposite party no.1 for removal of loose implant Acetabular reconstruction revision of total Hip Joint Replacement. On 29.03.2023 surgery was done through general anaesthesia by opposite party no.1. The complainant regained her consciousness and was taken to ICCU and at about 10 p.m. on the same date and she found herself in her cabin bed with bandages on her left side of hip joint. She had pain, burning sensation, tingling and/or numbness on her left hip to foot. She was able to normally move her right feet. On being enquired, opposite party no.1 told her that the operation was successful but in the process one nerve got damaged. The opposite party no.1 assured the complainant that he will fix the problem within few months. Thereafter, on 03.04.203 the complainant was discharged from hospital but she was unable to move her left foot upwards. The complainant was advised strictly ‘no walking’. The complainant categorically states that as she was unable to walk normally, she met Dr. Shreyashi Jha who after seeing all medical papers diagnosed of ‘Left foot drop’ and advised some medicines. Thereafter, the complainant visited Dr. Rajib Basu who also diagnosed of ‘Left Sciatic Nerve Palsy’. The complainant then visited opposite party no.1 with all medical documents who also opined and admitted the fact of ‘Left Sciatic Nerve Palsy’ for the left foot. According to the complainant, the opposite party no.1 in negligent manner not following the standard medical protocol conducted long process of surgery. The negligent manner in conducting the surgery is the root cause of the complainants’ left foot drop. The opposite party no.1 has committed medical negligence, hence this case.

The discharge summery dated 28.06.2023 issued by MIOT Hospital, Chennai shows that the complainant under gone CDH operation in her childhood and her diagnosis was ‘Secondary Osteoporosis Left Hip CDH’. On 14.06.2003 she underwent ‘C Stem Left Total Hip Replacement, Left side Post operative period uneventful, Patient recovered well wound healthy’.  Professor Dr. P. V. A. Mohandas of MIOT Hospital, Chennai issued a medical report of the complainant on 23.04.2004 which reveals that the complainant was crippled by Perthees disease when she was a child and disabled by it as she grew older. The Perthes disease had destroyed her left hip joint and she underwent total hip replacement on the left side. After this surgery she was able to get back mobility of her hip. She was able to walk and get about. However she was advised not to walk about for long distance and on uneven ground which may contribute to wear of the artificial joint. The prescription dated 21.12.2019 of Dr. Kunal Sengupta also reveals that the complainant suffers from stiffness and walks with a stick. Prescription dated 28.06.2022 of Dr. Buddha Deb Chatterjee/opposite party no.1 reveals that Dr. Buddha Deb Chatterjee/opposite party no.1 advised the complainant to walk with crutches.

It appears from the Bed Head ticket that the complainant undergone operation on 29.03.2023. On 30.03.2023 doctor on examination found ‘complete foot drop (left)’ and advice medicine etc.

It is the specific case of the complainant ‘complete foot drop’ was due to negligence at the time of surgery by the doctor/opposite party no.1. Ld. Advocate for the complainant submits that the sciatic nerve supplies major parts of the skin and muscle in the thigh, leg and foot and if this nerve suffers from any injury, the patient will suffer from ‘complete foot drop’. In this case doctor/opposite party no.1 was negligent during operation and injured the sciatic nerve for which the complainant has suffered ‘complete foot drop’.

It apparent on the face of the record that the complainant since her childhood had Parthes disease for which she had under gone operation in her childhood also. In the year 2003 she was diagnosed secondary osteoporosis left hip with CDH. On 14.06.2003 she underwent total hip replacement (left side). Thereafter again in the year 2023 she underwent surgery on the same left side hip by opposite party no.1. Though the bed head ticket of the complainant shows she had ‘complete foot drop (left side)’ but in her discharge certificate it has not been mentioned.

It is admitted fact that the complainant is suffering from Perthes disease (LCPD) since her childhood which is a disease initiated by a disruption of blood flow to the head of the femur bone. Due to lack of blood flow, the bone dies and stops growing. Perthees disease, also known as Legg-Calve- Perthes disease. This disease can cause muscle loss in the upper thigh and hip. This is because the disease causes the bone in the hip to die due to lack of blood supply, which is called avascular necrosis (AVN) or osteonecrosis. ‘Foot drop’ is a symptom of another condition that occurs when the muscles in the foot that lift it are too weak, making it difficult to lift the forefoot. The most common cause of foot drop is injury to the peroneal nerve, which controls the muscles in the foot and lower leg. This nerve can be injured by :

• A serious knee injury.
• Hip or knee replacement surgery.
• Crossing your legs, kneeling, or squatting for long periods of time.
• Not moving for a long time, such as while in the hospital.

• Peripheral neuropathy, which can be caused by diabetes.
• Charcot-Marie-Tooth disease, an inherited peripheral neuropathy.
• Muscular dystrophy, a muscle disease that can cause foot drop.
• Polio, a viral disease that can cause muscle weakness and paralysis.
• Lumbar radiculopathy, a pinched nerve in the lower back that occurs when the space where the nerve roots exit the spine narrows.

In this case the complainant has not stated that she is not suffering from any of the reasons mentioned above save and except alleged injury on her nerve in course of her operation by opposite party no.1 for Revision of left Hip replacement. No primafacie opinion of any doctor or any investigation report has come forth from which we can primafacie consider that the foot drop of left leg is caused for the alleged negligent act of opposite party no.1.

Therefore, we do not find any primafacie merit in the complaint application.

Therefore, the complaint application is liable to be rejected.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed without cost.