Date of filing : 17-06-2005 Date of order : 21-03-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.96/05 Dated this, the 21st day of March 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Narayana Shetty, S/o.Late Subbaya shetty, } Complainant Palla Magina Mane, Nellikunnu,Po, Kasaragod. (Adv. Sreekantha Shetty.K.) Kasaragod Institute of Medical Sciences, } Opposite party Ashwini Nagar, Kasaragod.Po. (Adv. M.Mahesh) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Bereft of unnecessaries the case of the complainant Narayana Shetty is that the treatment administered to him from the opposite party hospital was without due care and caution and thereby he suffered. Hence the complaint alleging deficiency in service on the part of the hospital. 2. An injury sustained to the hip of the complainant while he was working in the agricultural filed on 21-05-2003 was the beginning for the cause of action for this complaint. Immediately after the injury the complainant admitted in opposite party hospital for treatment on 21-05-2003. The complainant was treated by Dr. B.S.Rao and Dr. B.A.Padmanabha Bhat attached to the opposite party hospital. He was treated there from 21-05-2003 to 23-05-2003. During the treatment X-ray was taken and the doctor opined that the complainant sustained fracture of pelvic bone and hence buck’s traction 2.5Kg was tied to his leg. The complainant was a chronic diabetic patient and inspite of the treatments rendered by the doctors complications such as septic, blood poison and kidney failure etc were developed. Eventhough complainant complained about severe pain, the doctors were not prepared to discharge the complainant. Suspecting a wrong treatment, complainant requested and got discharged from opposite party hospital. Thereafter complainant taken to Justice K.S. Hegde Hospital at Deralakatte and treated there till 26-5-03. The doctors who treated from the K.S.Hegde Charitable Hospital has of the opinion that the early diagnosis and the line of treatment was wrong and negligent. After the treatment at K.S.Hegde Hospital his condition was improved, since a dialysis is required he was referred to AJ Hospital and Reasearch Centre, Mangalore. At AJ Hospital complainant had spent Rs.46,156/- as hospital bills and was treated there from 26-5-03 to 7-6-03 wherein his kidney function was improved. Thereafter the complainant continued his treatment in the same line as guided and suggested from KS Hegde Hospital and AJ Hospital from a local hospital, namely Janardhana Maternity and Nursing Home for about 56 days as in patient. The complainant suffered much pain and mental agony only because of the wrong diagnosis and treatment of doctors of opposite party hospital. The complainant lost his skin and flesh behind his hip which made his life miserable and tearful. Had the doctors of opposite party diagonised and treated the complainant with due care and caution he would not have suffered physically mentally and financially. Hence the complainant claiming Rs.4,50,000/- as compensation and costs. 3. In response to the notice issued, the opposite party appeared and filed their version denying the allegations of the complainant. According to opposite party the complainant admitted in the hospital on 21-5-2003 at 11.50 PM with the complaint of hip pain caused due to fall, which happened two days prior to the date of admission. He was treated elsewhere for these two days. The complainant was a highly diabetic patient with poor control of diabetes. On examination of X-ray it was revealed that there was fracture of roof of right acetabulum with badly traumatized injury on the right thigh. Bucks traction was given and medication started. The complainant was treated with utmost care and caution. Proper analgesic and antibiotic medicines were administered to the complainant. Diabetes was controlled. Complainant himself got discharged on 23-05-03 on request for expert management at higher center. At the time of discharge there were no obvious signs of cellulites on right thigh, fever, septicemia or renal dysfunction. The opposite party is not aware of the treatment undergone by the complainant after discharge. The unbearable pain, fever cellulitis of right thigh septicemia and renal dysfunction alleged to be suffered by the complainant were caused due to the nature of badly traumatised injury on the right thigh and uncontrolled diabetes followed by renal failure and those were not due to the treatment given to the complainant at opposite party hospital. There was no failure in the treatment given to the complainant at the opposite party hospital. As there was no negligence or deficiency in service on the part of opposite party, the complaint deserves a dismissal. 4. Complainant filed affidavit in support of his case reiterating what is stated in the complaint. Exts A1 to A295 marked. PW1 cross examined by the counsel for the complainant. Dr. Padmanabha Bhat the doctor who treated the complainant from opposite party hospital examined as PW2 and Exts B1 series marked. Dr. BJP Shetty attached to Justice KS Hedge Hospital was examined as PW3. Ext.X1 series marked. Opposite parties have not adduced any oral evidence. No witnesses were also examined on the side of opposite party. Both sides heared. All the documents perused carefully. Apart from oral arguments both sides filed notes of argument. 5. The specific case of the complainant as PW1 is that the treatment given by the doctors in opposite party hospital caused complications such as septicemia and kidney failure etc. The complainant in his affidavit stated that the doctors of KS Hegde Charitable Hospital, Derlakkatte, Mangalore where he was subsequently admitted after discharge from opposite party hospital are of opinion that the early diagnosis and line of treatment was wrong and negligent. To substantiate this contention the complainant examined PW2. Dr. Padmanabha Bhat attached to opposite party hospital and PW3 Dr.Jayaprakash Shetty. 6. PW2 deposed that the patient came to the hospital with the history of fall and injury to right hip two days back. The patient had uncontrolled diabetes. As per his investigation there was contusion with fracture of Ischium and the roof of acetabulum of the right hip. For the control of the diabetes antibiotic treatment and for the control of pain analgesic and prophylactic antibiotics and Buck’s traction with a weight of 2.5 Kg was given to the patient. The X-ray taken as per his advice showed undisplaced fracture of the roof of the acetabulum and contusion. PW2 further deposed that complainant was not comfortable with his treatment. PW2, in cross examination by the counsel for the opposite party Mahesh stated that the treatment given to PW1 was given with utmost care and caution and that was the accepted line of management in medical science. 7. PW3 Dr.Jayapraksh Shetty, attached to Justice KS Hegde Charitable hospital deposed that nephropathy can be caused due to long term uncontrolled diabetes. There is nothing wrong in putting Buck’s traction with a contusion injury whether there is fracture or not The Buck;s traction was to make the patient immobilized and to reduce pain. In cross examination PW3 stated that whether there is contusion or fracture is unimportant and what is necessary was to ensure that the injured part is immobilized so that it relieves the patient out of pain and give him rest. The patient had an injury and he also had uncontrolled diabetes that resulted in the whole sufferings undergone by patient. 8. The voluminous documents are produced by the complainant to substantiate negligence and deficiency in service on the part of opposite party. PW2 deposed that the treatment administered to complainant from opposite party hospital was accepted line of treatment. PW3 deposed that the sufferings undergone by the patient was the result of uncontrolled diabetes. 9. Both the parties filed notes of argument. In the argument notes filed by the counsel for complainant, he tried to establish that the complainant was suffering from cellulitis of right thigh as observed in Ext.A2 and deposed by PW3. According to him the treatment given by PW3 to the complainant was for cellulitis and not for fracture. This contention was not seen taken by complainant either in the complaint or in evidence. According to complainant, the diagnosis made by the opposite party was wrong so also the treatment rendered by them. But no evidence either oral or documentary evidence were let in support of this contention. But PW3 deposed that there was nothing wrong in putting Buck’s traction with a contusion injury. Whether there is fracture or not and Buck’s traction is put to ensure that the patient to take rest and see the injured part immobilized and to reduce the pain. In cross-examination PW3 stated that to put bucks traction whether there is contusion or fracture is unimportant. 10. If that be so it cannot be considered that the treatment administered to the complainant from opposite party hospital was wrong and no incriminating evidence was tendered by any of the witnesses to attribute negligence or deficiency in service on the part of opposite party. In the result the complainant failed to establish that there was negligence and deficiency in service on the part of opposite party in the treatment rendered to him. Hence the complaint is dismissed with no order as to costs. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Discharge summary (Kasaragod Institute of Medical Science) A2. Discharge Summaray( Justice K.S. Hegde Charitable Hospital, Derlakkatta) A3. Discharge Summary (A.J.Hospital and Researach Centre, Mangalore) A4. 7-10-08 Copy of lawyer notice. A5. 13-10-08. reply notice. A6. X-ray A7 to A295 Series, Bills. B1. (a) to B(h) series Admission Reocrd of Kasaragod Insitute of Medical Science Kasaragod. Ext,X1-Series out patients record.(Justice K.S.Hegde Charitable Hospital, Deralakkatta. PW1. Narayana shetty PW2. Dr.B.A. Padmanabha Bhat PW3. Dr.B.Jayaprakash Shetty Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
