Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
31st day of October 2022
CC 384/19 filed on 09/07/19
Complainant : Muhammadali, S/o Valiyakath Palliyil Abubacker,
P.O.Veliyangode, Malappuram.
(By Advs. A. M. Rohith & Sidhikh K. M, Alankode)
Opposite Parties : 1) Jubilee Mission Medical College Hospital,
Rep. by The Director,
Jubilee Mission Medical College Hospital,
Thrissur – 5.
2) The Director,
Jubilee Mission Medical College Hospital,
Thrissur – 5
3) Dr. Rajeev Rao, Ortho Surgeon,
Jubilee Mission Medical College Hospital,
Thrissur – 5.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The complainant sustained grievous injuries due to a fall from a tree. He was admitted to 1st opposite party hospital on 11/04/17 and undergone medical treatment under the care of 2nd & 3rd opposite parties. The injuries were on the hip and ankle of feet. The 3rd opposite party advised for an emergency surgery to install steel rod for the purpose of treating the fracture. The surgery was done on the day itself and steel rods were installed. He was admitted for 20 days in 1st opposite party hospital for the treatment. Thereafter high pain felt on the ankle of the feet and find that pus was formed on the leg where the surgery was done and steel rods were installed. On consultation with 3rd opposite party, he advised treatment which was done subsequently. Thereafter pain was further felt on leg and on x-ray it was found that rod installed was bend and informed that it was also broken down and same need to be replaced for which further surgery advised. The surgery was done and steel rod replaced immediately. He further continued treatment as in-patient for 15 days. Thereafter pain increased on the leg and further consulted 3rd opposite party at 1st opposite party hospital. 3rd opposite party advised that infection was there from the steel rod installed and same need to be removed. Further surgery was done and the rod removed. Thereafter pus was increased and so the pain. So he consulted at Amala Cancer Institute and found that all those surgeries were improperly done causing high pain. Subsequent opinion from the Gangai Hospital, Coimbatore and Government Medical College, Thrissur was canvassed and both advised that the surgery was wrongly done. Now he is continuing the treatment at Medical Colelge Hospital, Thrissur. The act of the opposite party amounts gross negligence causing high pain, loss and mental agony to the complainant. Amount of 11,00,000/- (Rupees Elevan lakh only) were spent for the treatment and the complainant is not in a position to go for any job. Complainant’s son’s job also lost due to the treatment. Hence lawyer notice dtd. 15/03/19 were caused, which yielded no result. Hence this complaint.
2) On receiving the complaint notice issued to the opposite parties. But the opposite parties neither appeared before the Commission nor submitted any version. Hence the opposite parties called absent and set ex-parte.
3) The case posted for evidence of the complainant. The complainant appeared before the Commission and filed proof affidavit. The documents produced are marked as Exts. P1 to P7. Ext. P1 is the copy of the IP Advance receipt dtd.15/04/17 for Rs.5,000/- issued by Jubilee Mission Medical College Hospital. Ext. P2 is the copy of the IP Advance receipt dtd. 20/04/17 for Rs.1,00,000/- issued by Jubilee Mission Medical College Hospital. Ext. P3 is the copy of the IP Advance receipt dtd. 20/04/17 for Rs.30,000/- issued by Jubilee Mission Medical College Hospital. Ext. P4 is the copy of the IP Receipt dtd. 25/05/17 for Rs.55,713/- issued by Jubilee Mission Medical College Hospital. Ext. P5 is the IP Bill – detailed (original) dtd. 25/05/17 issued by Jubilee Mission Medical College Hospital. Ext. P6 is the copy of the IP Receipt (Original) dtd. 15/06/17 for Rs.9,435/- Jubilee Mission Medical College Hospital. Ext. P7 is the copy of the IP Receipt (Original) & IP Bill – detailed (Original) dtd. 10/05/18 issued by Jubilee Mission Medical College Hospital.
4) Points :
We have gone through the pleadings and documents produced by the complainant. Ext. P1 to P7 proves the case of the complainant. The documents marked and evidence adduced categorically proves the gross negligence from the part of the opposite parties. Since there is no contra evidence available before us we are inclined to allow this complaint.
In the result, the complaint is allowed and hereby direct the opposite parties to pay Rs.5,50,000/- (Rupees Five lakh fifty thousand only) as compensation to the complainant and Rs.5,000/- (Rupees Five thousand only) as cost within one month from the date of receipt of copy of this order. Failing which, the entire amount carry 9% interest from the date of this order till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 31st day of October 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. P1 copy of the IP Advance receipt dtd.15/04/17 for Rs.5,000/- issued by
Jubilee Mission Medical College Hospital.
Ext. P2 copy of the IP Advance receipt dtd. 20/04/17 for Rs.1,00,000/- issued by
Jubilee Mission Medical College Hospital.
Ext. P3 copy of the IP Advance receipt dtd. 20/04/17 for Rs.30,000/- issued by
Jubilee Mission Medical College Hospital.
Ext. P4 copy of the IP Receipt dtd. 25/05/17 for Rs.55,713/- issued by Jubilee
Mission Medical College Hospital.
Ext. P5 IP Bill – detailed (original) dtd. 25/05/17 issued by Jubilee Mission
Medical College Hospital.
Ext. P6 copy of the IP Receipt (Original) dtd. 15/06/17 for Rs.9,435/- Jubilee
Mission Medical College Hospital.
Ext. P7 copy of the IP Receipt (Original) & IP Bill – detailed (Original) dtd.
10/05/18 issued by Jubilee Mission Medical College Hospital.
Id/-
Member
