DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.14/19
BIJRAM @VINAY
S/o Ramsaran,
R/o Kh. No.-227,
Gali No.-20, Part-2,
Mukundpur Pansari,
North West Delhi, Delhi-110042
….Complainant
Versus
- The M.S/Authorized person, V.M.M.C & Safdarjung Hospital, New
Delhi.
- Dr. Ankit Dhaka, P.G. Resident, V.M.M.C & Safdarjung Hospital,
New Delhi
- Dr. Ramesh, V.M.M.C & Safdarjung Hospital, New Delhi
- Dr. Hari, M.M.C & Safdarjung Hospital, New Delhi
- Dr. Saddam, V.M.M.C & Safdarjung Hospital, New Delhi
Safdarjung Campus, Safdarjung Enclave, New Delhi-110029.
….Opposite Parties
Date of Institution : 09.01.2019
Date of Order : 26.07.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Sh. U.K. Tyagi
1. Complainant has requested to pass an award directing (i) M.S –V.M.M.C. & Safdarjung Hospital (ii) Dr. Ankit Dhaka, P.G Resident, (iii) Dr. Ramesh, (iv) Dr. Hari (v) Dr. Sudarshan – OP-2 to OP-5 are Ortho Surgeon of V.M.M.C & Safdarjung Hospital (hereinafter referred to as OPs- (i) to (v) respectively) (i) to refund a sum of Rs. 1,00,000/- (ii) to pay a sum of Rs.80,000/- as compensation for negligence and deficiency in service (iii) to pay a sum of Rs.50,000/- as compensation for pain & sufferings (iv) to pay a sum of Rs.40,000/- as compensation for loss during this period; (v) to pay a sum of Rs.1,50,000/- as compensation for harassment etc; (vi) to pay sum of Rs.35,000/- as counsel fee and Rs.15,000/- as litigation cost etc.
2. Brief facts of the case are as under:-
The Complainant was admitted in the above-mentioned Hospital on 04.09.2018 in Ward No.29/36 for fixation of Calcanium which got ruptured due to slip in drain. The Complainant was told by OP-2 to deposit Rs. 1,00,000/- for instrument which was required during operation. He borrowed this amount from his owner & relative and gave to Dr. Ankit i.e OP-2. The Complainant was operated on 04.09.2018 by the OPs headed by Dr. Ankit Dhaka i.e OP-2. He was discharged on 08.09.2018. It was averred that the Complainant started suffering from terrible pain and swelling at the operated area despite having prescribed medicines. On continuous pain, he visited the Hospital on 11.09.2018. The OP-2 took it lightly and negligently & also prescribed some medicine. Getting no relief, the Complainant visited the Hospital on 18.09.2018 and OP-2 examined him. OP-2 again prescribed some medicines. The physical condition of the Complainant started deteriorating. He visited the Hospital on 05.10.2018 and OP-2 doctor suggested X-Ray & Other tests. The X-Ray report dated 05.10.2018 revealed that the screw was not fixed at right position so Calcanium could not be got fixed at right place.
3. The Complainant visited Babu Jagjivan Ram Hospital. After examination of X-Ray & other test, it was alleged that OP-2 to OP-5 were negligent. Hence, the complaint.
4. OP, on the other hand, submitted Written Statement interalia, raising some preliminary objections. The Complainant has not provided X-Ray, OPD Card and other documents on which reliance was placed. It was also alleged that the Complainant did not follow the prescribed instructions after having been conducted the surgery of fracture Calcanium. The Complainant contacted the OPs at very late stage and healing of wound took some time. The Complainant was advised to contact the doctor on removal of stitch on same day but he went away without meeting the OPs – doctors. The Complainant also alleged to have given Rs. 1,00,000/- but no evidence in the form of receipt etc. was advanced. The Complainant also made reference of visit at Babu Jagjivan Ram Hospital but no material on record to substantiate the allegations of negligence on the part of OPs was placed. Hence, the allegations are absolutely false and merely an afterthought as contended by OPs. A complete case file in respect of treatment of the Complainant is annexed as Annexure- A. It is also denied that the allegations w.r.t OP-2 where it was claimed by OP-2 that they are very expert doctors as OP-2 has no occasion or reason to claim that they are expert doctors. It was asserted by OPs that they performed their duties and fixed the right Calcanium with the screws in a best possible manner. It is also denied that the OP-2 has ever given any assurance or words to the Complainant except the prescribed medicines and precaution to be required in the facts and circumstances of the Complainant.
5. Both the parties have filed written submissions and evidence in affidavits. Written Statement is on record so is rejoinder. Oral arguments were heard & concluded.
6. This Commission has gone into entire gamut of issues placed on record and due consideration was also given to the arguments. It is noticed that the Complainant has primarily two grievances to be indemnified through this Complainant:-
- The OPs doctors have taken Rs. 1,00,000/- for the surgery of his fractured Calcanium.
- The OPs were in gross negligent while fixing the Calcanium alongwith two screws at the right place. As a result of which, the Complaint had to experience excruciating pain. It was alleged that the OP-2 was very casual while attending him and prescribing right kind of medicine.
7. This Commission closely examined the allegations made by the Complainant. The allegation of giving Rs. 1,00,000/- to OP-2 remains unsubstantiated in the absence of any receipt or any other evidence. It may be seen that the Complainant averred in his compliant that the amount of Rs. 1,00,000/- was borrowed from his owner and relative but he could not produce any shred of evidence such as bank statement or any statement on the behalf of his relative. This Commission is not convinced on the allegation of giving Rs. 1,00,000/-
8. As regards to other allegations, the Complainant could not show any document which suggest that while performing the surgery of fractured Calcanium, the OPs more particularly OP-2 was negligent. As is noted above the Complainant was instructed on 08.09.2018 to visit OPD on 11.09.2018 but he did not come forward on the said date instead he chose to visit on 18.09.2018. It shows total disregard for the prescribed diagnosis. It is also noted from the prescription card which shows that the Complainant reported to OPs at belated stage as well as intake of improper medicine, hence the Complainant suffered delayed healing of surgical wound. Further, it was seen that when the Complainant visited Babu Jagjivan Ram Hospital, he could not produce any evidence/documents, which suggest that the surgery conducted at V.M.M.C & Safdarjung Hospital was not proper and the diagnosis was proved wrong. No such documents from the doctors of said hospital was placed to substantiate his allegations.
9. The Commission is also aware that Hon’ble Supreme Court in Jacob Mathew (DR) Vs State of Punjab (2005) III CPJ9 SC while dealing the medical negligence, laid down principles on which the liability of medical professional is to be determined. “The essential composition of negligence is three- duty, breach and resulting damage. Negligence on the part of medical professional call for a treatment with difference. To infer rashness or negligence of a professional, in particular doctor, additional consideration apply. So long doctor follows a practice acceptable to medical professional of that day, he can’t be held liable for negligence merely because a better alternative course or method of treatment was available. The Hon’ble Supreme Court further laid down principle of determining the medical negligence in Kusum Sharma Vs Batra Hospital & Research Centre that negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence.
10. After having considered the material placed on record and respectfully following the principle laid down by Hon’ble Supreme Court, this Commission does not find any negligence and deficiency in service on the part of OPs. Therefore, the complaint fails and rejected.
No order as to costs.
File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website.
