DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
(CENTRAL) ISBT KASHMERE GATE DELHI
CC No. 08/2010
No. DF/ Central/ Date
Swaran Kanta, D/o Late Ramlal, R/o Room No. 2,
Aradhna Senior Citizen Home,
Bhagwan Das Road, Mandi House, New Delhi
.....COMPLAINANT
VERSUS
1. The Medical Superintendent
Jeewan Mala Hospital Pvt. Ltd.,
New Rohtak Road, New Delhi - 110005
2. Doctor Amber Aggarwal
Jeewan Mala Hospital Pvt. Ltd.,
New Rohtak Road, New Delhi - 110005
…..OPPOSITE PARTY
Ms. Rekha Rani President
Sh. Vikram Kumar Dabas, Member Mrs. Manju Bala Sharma, Member
ORDER Date: . .2018
Sh. Vikram Kumar Dabas
The present complaint has been filed alleging medical negligence on the part of OPs. Brief facts alleged in the complaint are as under:-
On 3rd May 2009 the complainant had met with an accident where in she had received a jerk in her left arm. She went to OP 1 hospital where an X ray of left arm was taken and a bandage was applied to the wrist. She was asked to visit the hospital on the next day. On 4/05/2009 the complainant visited the OP Hospital where OP 2 declared that she had received a fracture in her arm. An operation was performed on the wrist/arm of the complainant by OP 2 and she was discharged on the next day at about 5 PM. She was directed to come for a recheck on 08/05/2009. The complainant did not got any relief and met OP 2 in the Hospital on 08/05/2009 when a plaster was applied on her left arm by OP 2 and she was directed to report to the Hospital after one month for cutting the plaster. However, since the complainant was in immense pain she visited OP 1 Hospital on 04/06/2009 and met OP 2. An x-ray was again taken and some medicines were prescribed. On 10/06/2009 the complainant visited the OP 1 Hospital when OP 2 cut the plaster and took the wire outside from wrist of the complainant and applied a dressing still the complainant continued to suffer from immense pain. She was advised physiotherapy by OP 2 but did not get any relief. On 08/07/2009 she visited OP 1 Hospital and complained against OP 2 to Medical Superintendent of the Hospital but to no effect. Another X-Ray was taken by OP 2 who advised the complainant to visit the Hospital again on 17/07/2009 with empty stomach. On 17/07/2009 another operation was performed on the wrist of the complainant and was asked to report after a week. The complainant did not get any relief and after a week again met OP 2 who opened up the stitches and prescribed some medicines. The complainant had told OP 2 that she had been received any relief and suffers from no movement in her two fingers of the left arm. Since the complainant did not get any relief from the treatment prescribed by OP 2 she approached Flex and Awadh hospitals where she came to know that her arm / bone had been wrongly joined by OP 2.
The complainant had alleged that she has suffered a permanent injury and loss due to medical negligence and deficiency of service on the part of the OPs.
It is alleged by the complainant on 03/09/2009 an x-ray of her left hand was taken at Ms. Harnam Singh Charitable Medical Centre Karol Bagh and Dr. M L Monga MS ortho had told that the bone of the left wrist had been joined improperly & negligently. The Complainant has therefore approached this Forum with the following prayer :
- That on account of the medical negligence and deficiency of service on the part of the opposite parties this Hon’ble Forum may direct the opposite parties to pay rupees 5,00,000/- (five lacs) to the complainant with appropriate interest from the date of legal notice i.e. 19.12.2009 which is sent to the opposite parties.
- Any other relief which this Hon’ble Forum may deem fit be given to the complainant in the interest of justice.
The complaint has been contested by Op 1wherein it denied that there was any medical negligence or deficiency of service on its part. OP 1claimed that OP 2 was usually working as a consultant with it and was not its employee. It claimed in view of this OP 1 cannot be held liable for any negligence if any committed by OP 2. It also claimed that the doctors at OP 1 Hospital had adopted the standard procedure required to be followed in this case. It also claimed that the complainant was a case of ostcopenia and her bone density had been reduced due to old age. OP 1 has contested the complaint on merits and has denied the averments made therein. It claimed that the complainant was treated with utmost care and diligence. It reiterated that there was no deficiency of service on part of doctors at OP 1 Hospital.
It is pertinent to point out that no written statement was filed by OP 2 as it was reported that he had expired on 23/03/2013 in a road accident.
Evidence has been led on behalf of the parties. The complainant has filed her own affidavit dated 08/09/2014 in support of her complaint. On behalf of OP 1 an affidavit dated 02/04/2014 has been filed by Dr. Anil Raheja.
We have heard arguments advanced at the bar and have perused the records. It is pertinent to point out that this case was referred for an expert opinion to the medical superintendent L N Hospital, New Delhi. The Hospital had constituted a medical board who had examined the Complainant on 10/06/2011 along with medical treatment record. The medical board had given an opinion which reads as under :
It was observed that inspite of the patient having sustained another fracture of the same bone (Radius) treated with plating elsewhere, the left hand (affected side) function was found to be reasonably good without any significant deformity.
The X-Rays available with the patient also reveals a distal ulnar excision procedure, which patient reports to have been performed at Mool Chand Hospital. The X-Ray also depicts colle’s fracture having united in satisfactory position.
In the light of the above, the expert medical board is of the unanimous opinion that treatment for colle’s fracture has been as per standard treatment protocols and there is no element of medical negligence on the part of Dr. Amber Aggarwal.
A perusal of the expert opinion rendered by the medical board of Lok Nayak Hospital leaves no manner of doubt that the fracture received by the complainant has been united in satisfactory portion. The medical board has further found that the treatment of colle’s fracture in respect of the complainant was as per standard treatment protocol and there was no evidence of medical negligence on part of OP 2.
The Medical treatment record placed on the file also does not suggest any negligence or deficiency of service on the part of the OPs.Even otherwise OP 2 has already expired.The main grievance of the complainant was that even after taking treatment from OP 2, she had suffered from immense pain and deformity.She had alleged that the fracture had not been united.All these allegations have been disproved by the medical treatment record as well as by the expert opinion rendered by the medical board of Lok Nayak Hospital.It has been established that the fracture had been reasonable united.It has been established that the complainant has not suffered from any significant deformity.It has further been opined by the medical board that the treatment given to the complainant was as per standard medical protocol.We therefore, see no merits in this case.The complaint is dismissed.Copy of the order be supplied to the parties as per rules.
File be consigned to record room.
Announced on this _16th day of April 2018.
