Tamil Nadu

Kanyakumari

CC/63/2013

Inba Raj - Complainant(s)

Versus

Dr.Castro Fraklin - Opp.Party(s)

Mr.R.Ravindren

21 Aug 2014

ORDER

Date of filing: 14 .06.2013

Date of   Order:  21.08.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL                                                                                                                      FORUM, KANYAKUMARI DISTRICT AT NAGERCOIL.

 

PRESENT: Thiru.P.Ramalingam,B.A.,B.L.,         President.

                                    Tmt.D.Shakilakumari,B.A.,LLB.,        Member-1.

                                    Tmt.D.Rani,  B.Com.,                            Member-2.

 

                             Thursday  the 21^st    day of  August   2014

 

C.C.NO.63/2013

 

Inba Raj.

S/O. Valsalam.

Kalnattivilai.

Karungal Post.

Kanyakumari District                                                                              Complainant

                               

                                  - versus -   

                                  

Dr. Castro Franklin.

Franklin Hospital.

Parvathipuram.  

Nagercoil.                                                                                        ….Opposite party

 

                

          This complaint came up before us for final hearing on 3.07.2014 in the presence of Thiru.R.Ravindran, Counsel for complainant and Thiru.S.Mathias, Counsel for  opposite party and  after hearing the arguments and  having stood over for consideration till today, this Forum passed the following:

 

 

 

ORDER

P. Ramalingam, President.

 

         

1. The  contents  of the complaint filed  by the complainant  in brief are as follows :-

 

               The complainant met a road accident on 21.1.2012 at about  8 PM at Vettoornimadam.  Wherein he sustained  injuries and  fractured in his left hand little finger. He was hospitalized in the opposite party’s hospital on 21.1.2012  as inpatient and being  taken treatment from 21.1.2012 to 25.1.2012.  The complainant was undergone   operation, and was done by the opposite party.  At the time of operation  a plate had also affixed in the operated finger.  The complainant was  also discharged on 25.01.2012 and  on the advise of the opposite party the complainant was taking physiotherapy treatment from his  hospital on daily payment after the removal of the plate from his finger.  Totally Rs. 28.485/- paid for  his treatment including  his surgery.  After 10 days  of his discharge from hospital the opposite party operated him.  Further to remove the affixed plate from the complainant’s finger and he collected Rs.9900/- for his treatment and cash receipt  has also not paid  for the  received payment.  The  complainant  continuously has taken physiotherapy treatment in the opposite party’s  hospital more than a month after removed his plate.  After removed the plate from the finger there was untolerable pain and unable  to level the complainant’s finger. He is  unable to lift anything with the help of the left hand  due to pain in the operated finger.  It happened due to the negligent treatment  of the opposite party.   Then the complainant approached  the opposite party’s  hospital for taking treatment on 30.01.2012.  The opposite party was even present in the hospital without verifying the finger, simply sent out by saying  come on next week. The complainant  further  went on 8.2.2012 for treatment in the opposite party’s hospital, the  opposite party has not  checked up the  folded finger, just he checked through a nurse and sent out the  complainant.  On 17.02.2012 the complainant  was admitted  for the removal of the plate and was removed and discharged on 18.2.2012.  Again the complainant approached the opposite party for medical check up  on 03.03.2012.  The complainant was not checked up properly and sent out by saying  that  the wound would  be all right after a year.

        Even after a year, there was no improvement in the operated finger, it is not  structured to level and is in folded “L” shape and is not suitable  to do any work with the help of  left hand, due to pain in his little finger.  Then the complainant approached after a year to inform the pitiable condition of his finger to the opposite party on 15.01.2013.  The opposite party saw the complainant  he laughed at him and  in ridiculing manner.   The complainant sent a legal notice on 14.3.2013.  The opposite party received the same and sent a vague reply on 1.04.2013. Due to the  negligent surgery of the opposite party, the complainant’s little finger is unable to  stretch out  nor to do any work properly with the help of the left hand. There is cause of action. So this  complaint is filed  and the  complainant prays for the  following reliefs:- 

1.   Directing the opposite party to pay  a sum of Rs. 2,98,475/- towards

Hospital  expenses, negligent treatment and  loss of  earnings.

2. Due notice given to the opposite party.  The  opposite party filed  written version .
3. The  averments of  the written version filed by the  opposite party  in  brief are  as follows

           On 21.01.2012 at 11 PM the complainant was admitted as inpatient in my hospital for treatment. He had a complete rupture of central slip  of extensor  expansion  of little finger and button hole deformity of  PIP joint  of left little finger .    The procedure  was performed on 22.01.2012 under regional anesthesia. I took extreme care and attention  throughout the  treatment and surgery  and there was no deficiency of service  or negligence on my part.   The complainant was discharged  on 25.01.2012. I advised the complainant to come after five days for medical check up.  The complainant came on 31.01.2012 for  dressing , wound inspection was personally done  by me and  medicines  were prescribed.  Again the patient came to my hospital on  8.2.2012 and I inspected the wound, as it has healed nicely the sutures were removed and medicines were prescribed by me and advised to come  for review after 7 days.   Again the patient was seen by me on 16.02.2012  and X.ray of his left hand was taken to assess the position of the pin and was found  to be in normal position.  Since the  repair has healed well. I advised him to come for removal of the pin.  On 17.02.2012  the  complainant  was admitted for the removal of the pin under anesthesia and was discharged on 18.2.2012 after removal of the same.  Again on 3.3.2012  the complainant  was present  for medical check  up.  I prescribed some medicines and strictly advised the complainant to take physiotherapy treatment  continuously to attain good movement in the injured  finger at physio department   of our hospital under the supervision of  the  physiotherapist.  Further I advice  him to wear a finger extension split for his little  finger for another weeks.  The complainant  never came  to our hospital of physiotherapy treatment.  I issued  proper bills fort payment.  In the customer feed  from the complainant  and his wife  have endorsed that the treatment is very good. There is  no deficiency in service on the part of  opposite party and it is liable to be  dismissed with costs.    

   4.  The complainant and the opposite party  have filed their respective Proof Affidavits and documents.  Ex.A1 to Ex.A6  marked on the side of the complainant and Ex.B1 to  Ex.B9  marked on the side of the opposite party.

5. After perusing of the complaint and the written version  the points for consideration  is:-

1. Whether the complainant is entitled for  compensation  as prayed for?

     6.POINT 1

          On perusal of the arguments advanced by both sides, the contents of complaint filed by  complainant, the averments of written version filed by opposite party, the evidence of  both parties and the  contends  of documents filed  on the side  of both parties it is admitted that due to the road accident the complainant sustained  injuries and fracture in his left  hand and he was hospitalized in opposite party’s  hospital, on 21.01.2012 as inpatient and  he was discharged on 25.01.2012.  It is true  that the complainant was undergone  operation in the opposite party’s hospital and  at the time of operation a plate had been affixed in the  operate finger of complainant.  It is very clear that the complainant was attending  for medical check up in opposite party’s hospital on various dates viz. 31.1.2012, 8.02.2012, 16.02.2012 to  18.02.2012 and on 3.3.2012 as advised by opposite party.  It is no doubt that the  complainant was admitted  in opposite party’s hospital on  17.02.2012 for the removal of plate and was removed and  discharged on 18.02.2012.  It is seen that the complainant was again approached the  opposite party for medical check up on 3.3.2012. All the above facts are not  in dispute.

            As contended by the  opposite party it is presumed  that  any surgery  even performed by the  most  experienced surgeon may develop complications.  It is seen from the evidence  of both,  the complainant was taking treatment in opposite party’s  hospital for  more than  year on various occasions without  any  hesitation as the dates are mentioned above. It is also acceptable in nature  that a  simple  lake of care an error of  judgement or an accident is not proof of negligence on the part of  medical  professional. In view of the reasons stated above there is  no second opinion that no medical negligence on the  part of  opposite party. But at the same time it is  duty of the  doctor,  the opposite party to explain seriousness of condition regarding the  complications and advise the complainant to take better treatment in a  very great hospital immediately.  Here the  opposite party has  failed to perform his duty in a proper manner as the forum felt.  So I am of  the opinion that if, the  patient was informed about the  serious condition of his operated finger by the opposite party at the  earliest time, the  patient, complainant would not have suffered  a permanent disability as well as to avoid mental agony,

             Considering the facts and  circumstances stated above,  though there is  no medical negligence on the part of opposite party, it is clearly established  that  there  is a deficiency of service in rendering  proper advice  to take immediate treatment in a very good  hospital in order to avoid the mental stress and  permanent disability. Hence  this Forum has come to the conclusion that the  opposite party is liable  to  reimburse the medical expenses incurred by the complainant  and to pay the compensation for the damages caused to the  complainant.  Accordingly the  complaint is allowed.

                In the result,  the complaint is allowed by directing the opposite party to refund a sum of  Rs.28,485/- received  from the complainant  towards medical bills and  the opposite party is directed to pay a sum of 15,000/- towards  damages caused to the complainant and to pay a sum of Rs. 3,000/- towards the costs of litigation within one month from the date of this order.

            Dictated to the Steno-Typist, transcribed by him, corrected and pronounced by us in open forum, this the ^21st    day of August, 2014.

 

 

  (D.Rani)                   (D.Shakilakumari)                                         (P.Ramalingam)                                      

Member-2.                    Member-1.                                                         President.     

 

 

Exhibits filed on the side of complainant:

 

Ex. A1   :    Photo with C.D.

 

Ex. A2   :   Copy of  medical bills.

 

Ex. A3  :    Copy of medical prescription dated  23.01.2012.

 

Ex. A4  :    Copy of legal notice dated 14.03.2013.

 

Ex. A5  :     Copy of reply notice dated 01.04.2013.

 

Ex. A6  :     Copy of FIR dated 26.11.2013

 

 

Exhibits filed on the side of  Opposite party:

 

Ex. B1  :    Discharge summary  dated 25.01.2012.

 

Ex. B2  :    Discharge summary dated  18.02.2014

 

Ex. B3  :    Surgery Notes dated 22.01.2012.

 

Ex. B4  :    Surgery Notes dated 17.02.2012

 

Ex. B5  :    Authorization letter dated  22.01.2012.

 

Ex. B6  :    Authorization letter dated 17.02.2012

 

Ex. B7  :     Customer feed back form dated 25.01.2012.

 

Ex. B8  :     Customer feed back form dated 18.02.2012

 

Ex. B9  :     Out patient record.

 

 

 

(D.Rani)                     (D.Shakilakumari)                                        (P.Ramalingam)                                      

Member-2.                    Member-1.                                                         President.