O R D E R
Sri.NishadThankappan (Member II):
The complainant is filed u/s 12 of the Consumer Protection Act 1986by the complainant for getting a relief from the opposite party.
2. Shri. Sanu David, Electrical & Electronics Engineer has filed complaint before this Commission against alleging medical negligence on the side of the opposite parties. The complaint case is as follows:- On 05/09/2014 at 2 PM he met with an accident near Pathanamthitta town and sustained injuries. He was brought to the opposite party’s hospital and an outpatient card no. B-15513 was issued in his name. At the time he was attended by the 3rd opposite party doctor and on the assurance given aforementioned. He has sustained dislocation of ankle of the left leg and fracture above to left ankle and doctor has put on plaster of Paris (POP) on the left leg for dislocation of ankle and fracture of the above ankle and was treated accordingly. After that he was discharged with an advice of the 3rd opposite party doctor to report after 4 days. On 10/09/2014 he attended the 3rd opposite party doctor of the 1st opposite party. And on that day Plaster of Paris was replaced by a new one. During that time ankle adjustment was done. On 02/10/2014 Plaster of Paris was removed by the 3rd opposite party. And he was advised to walk for one month and to report for further inspection. The whole process was assisted by the staff of the 1st opposite partyin putting and removing Plaster of Paris. After one month, when contacted, the opposite party told him that defect occurred in the left leg will be cured by efflux of time. The complainant observed that his left foot has a bend and he has got severe pain therein. He has stated that his left ankle is not in order and the left foot is not flat, is being bend/folded towards the inner side, and there is severe pain. When the left foot/leg is plaud on the ground all what was said to him by the opposite parties that left leg will attain its original shape and position after some time by regular walking. There had been no suggestion/advice from the opposite parties to undergo surgery on the left leg. He under-stood that he is not able to get regular correct treatment from the opposite parties. So he went to SP Fort Hospital, Thiruvananthapuram and consulted Dr. Cherian Thomas, an orthopedic specialist on 01/11/2014. And he was advised by said doctor after examination to undergo a surgery at the said hospital. As per advise on 03/11/2014 he was admitted in the said hospital and said doctor conducted a surgery on the ankle of the left leg on 04/11/2014. And said leg to him was properly allegedly at the ankle and he was discharged from the Hospital in 08/11/2014. For the said operation he has paid Rs. 1,43,820/- at SP Fort Hospital, Thiruvananthapuram and other treatment. That was due to the culpable negligence committed by the opposite parties. Had the Plaster of Paris done on the ankle of the left leg of him properly in tune with the Medical ethics and practice, he would have not gone to the S.P. Fort Hospital and incur such expenses. Due to the negligent act of the opposite parties he has become crippled and lost his job. He had calculated a sum of Rs. 7,84,620/- towards the entire expenses and other charges incurred by him for setting a relief of that he has filed this complaint.
3. Notices were issued to the opposite parties 1 to 3. They appeared before the commission and filed version together with documents in evidence through counsels.
4. In the version of opposite parties 1 and 2 it is stated that doctors of the 1st opposite party’s hospital have special knowledge and skill in their respective field and is well equipped and had latest equipment. It is further stated that when a patient is rushed in to a Hospital a doctor cannot refuse to give treatment and he is not supposedtoexplain his special skills and educational qualifications to a patient who is brought to the table in an emergency situation. It is further stated that 3rd opposite party doctor who treated the complainant applied Plaster of Paris on the left leg. And he suggested to apply the POP for the time being and further advised the complainant to undergo the surgery if the POP was not successful. It is further stated that 3rd opposite party treated the patient without any negligence.
5. In the version submitted by 3rd opposite party it is stated that he had treated the patient with proper care and protection and advised to take physical exercise regard for the leg.
6. Considering the contentions of complainant and opposite parties the Forum raised the following issues for consideration.
(1). Whether there is any negligence on the side of the opposite
parties 1to 3.
(2). Whether the complainant is entitled to any relief prayed for.
(3). Cost and compensation.
7. Issues No. 1 to 3:- On the side of the complainant, he filed proof affidavit along with 24 documents in evidence. Complainant was examined as PW1 and expert witness examined as PW2 on the side of the complainant. The documents were marked as Exhibit A1 to A24. Ext. A1 is the copy of the lawyers notice dated: 22/11/2014. Ext. A2 is the postal receipt dated: 22/11/2014. (Nos.2). Ext. A3 is the acknowledgment cards signed by opposite parties. Ext. A4 is the replay notice dated: 09/12/2014. Ext. A5 is the outpatient registration card issued by the 1st opposite party dated: 05/09/2014. Ext. A6 is the treatment card issued by the 1st opposite party. Ext. A7 series are the cash bill/cash invoice issued by the 1st opposite party dated: 05/09/2014. Ext. A8 series are the cash bill issued by the 1st opposite party dated: 10/09/2014. Ext. A9 is the cash bill issued by the 1st opposite party dated: 07/10/2014. Ext. A10 is the discharge summery of SP Fort Hospital, Thiruvananthapuram dated: 08/11/2014. Ext. A11 is the cash bill issued SP Fort Hospital, Thiruvanathapuram dated: 08/11/2014. Ext. A12 is the cash bill of SP Fort Hospital dated: 09/11/2014. Ext. A13 is the cash bill of SP Fort Hospital Pharmacy dated: 03/03/2014. Ext. A14 series are the cash bill of SP Fort Hospital Pharmacy dated: 04/11/2014. Ext. A15 series cash bill of SP Fort Hospital dated: 06/11/2014. Ext. A16 is the cash bill of S.P Fort Hospital dated: 07/11/2014. Ext. A17 series are cash bill of SP Fort Hospital dated: 08/11/2014. Ext. A18 series are the cash bill of SP Fort Hospital& OP registration card dated: 08/11/2014. Ext. A19 series are the cash bill of SP Fort Hospital & O.P Registration Card dated: 12/01/2015. Ext. A20 series cash bill of SP Fort Hospital & O.P Registration Card dated: 15/12/2014. Ext. A21 series are the cash bill of SP Fort Hospital & O.P Registration carddated: 17/11/2014. Ext. A22 is the payment slip. Ext. A23 is the cash bill of SP Fort Hospital dated: 05/11/2014. Ext. A24 is the medical documents. On the side of the opposite parties they have filed proof affidavit along with one document is marked as Exhibit B1.Ext. B1 is the treatment details issued by the opposite parties.
8. On perusal of the complaint and perusal of the documents produced by both parties in evidence it can be seen that the opposite parties have not shown proper attention to the complainant intime. Due to the severe pain and dislocation occurred in the leg. The complainant sought advised from PW2 for detailed advised. It was occurred done to the lack of proper advice of the 3rd opposite party. The contention raised by the opposite party lacks merit. It cannot be taken as a valid ground against the allegations of the complainant. On an overall reading of the entire facts of this matter of this medical case, we are of the strong view that there is deficiency of service, dereliction of duty on the side of the opposite parties.
9. For this opposite parties 1st to 3rd are jointly and severally liable, hence we are of the opinion that the complainant is to be allowed as prayed for. In this context we hereby direct the opposite parties to pay of sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) as compensation for mental agony physical strain and sufferings due to gross negligence and dereliction of duty on the side of the opposite parties. We also direct the opposite parties to pay a sum of Rs. 10,000/- (Rupees Ten Thousand only) towards the cost of the proceedings to the complainant by the opposite parties. We further direct the opposite parties to pay the said amount to the complainant by the opposite parties within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of July, 2021.
(Sd/-)
NishadThankappan
(Member-II)
Sri.George Baby(President) : (Sd/-)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Witness examined on the side of the complainant:
PW1:Sanu Daniel.
PW2: S Vadivel
Exhibits marked on the side of the complainant:
A1: copy of the lawyers notice dated: 22/11/2014.
A2: postal receipt dated: 22/11/2014. (Nos.2).
A3: acknowledgment cards signed by opposite parties.
A4: replay notice dated: 09/12/2014.
A5: outpatient registration card issued by the 1st opposite party dated:
05/09/2014.
A6: treatment card issued by the 1st opposite party
A7:the cash bill/cash invoice issued by the 1st opposite party dated:
05/09/2014.
A8: cash bill issued by the 1st opposite party dated: 10/09/2014.
A9: cash bill issued by the 1st opposite party dated: 07/10/2014.
A10: discharge summery of SP Fort Hospital, Thiruvananthapuram dated:
08/11/2014.
A11: cash bill issued SP Fort Hospital, Thiruvanathapuram dated: 08/11/2014.
A12: cash bill of SP Fort Hospital dated: 09/11/2014.
A13: cash bill of SP Fort Hospital Pharmacy dated: 03/03/2014.
A14: the cash bill of SP Fort Hospital Pharmacy dated: 04/11/2014.
A15: cash bill of SP Fort Hospital dated: 06/11/2014.
A16: cash bill of S.P Fort Hospital dated: 07/11/2014.
A17: cash bill of SP Fort Hospital dated: 08/11/2014.
A18: the cash bill of SP Fort Hosptial& OP registration card dated: 08/11/2014.
A19: cash bill of SP Fort Hospital & O.P Registration Card dated: 12/01/2015.
A20: cash bill of SP Fort Hospital & O.P Registration Card dated: 15/12/2014.
A21: the cash bill of SP Fort Hospital & O.P Registration card dated:
17/11/2014.
A22: the payment slip.
A23: cash bill of SP Fort Hospital dated: 05/11/2014.
A24: medical documents.
Witness examined on the side of the opposite parties:
DW1: Dr. Jinu Thomas.
Exhibits marked on the side of the opposite parties:
B1: treatment details issued by the opposite parties.
Copy to:- (1) Sanu David,
Kanjiravilayil House,
Puthumala P.O, Parakode, Adoor.
(2) Represented by its Head/Managing Director,
Promoted byNithyaharitha Health Care Pvt. Ltd.,
M/s Maria Hospital,
K.P Road, Adoor.
(3) The General Manager,
M/s Maria Hospital,
K.P. Road, Adoor.
(4) Dr. Jinu Thomas,
M/s Maria Hospital,
K.P. Road, Adoor.
(5) The Stock File.
