Haryana

Sonipat

354/2014

VED PARKASH S/O KASHI RAM - Complainant(s)

Versus

SANGHI NEUROLOGY CLINIC - Opp.Party(s)

MAHAVEER VERMA

04 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                                     Complaint No.354 of 2014

Instituted on: 19.12.2014                    

Date of order: 06.08.2015

 

 

Ved Parkash son of Kashi Ram, resident of H.No.745/31, Gali no.2, Ashok Vihar, Gohana road, Sonepat.

…Complainant.          Versus

Sanghi Neurology Clinic, Kakroi Chowk, Gohana road, Sonepat through Dr Ved Parkash Hooda.

                                                                                                …Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Shri Mahavir Verma, Adv. for complainant.

           Shri Ashok Sharma Advocate for respondent.

 

Before-    Nagender Singh-President.

          Prabha Wati-Member.

           D.V. Rathi-Member.

 

O R D E R

 

         Complainant has filed the present complaint against the respondent alleging therein that on 18.7.2012, the complainant was suffering from headache and for taking treatment, he visited the clinic of the respondent who gave an injection in the back hip of left leg of the complainant and due to this, left leg of the complainant has been paralyzed.  The respondent gave treatment to the complainant on follow up visits i.e. on 6.8.2012, 13.8.2012, 14.8.2012, 27.8.2012, 31.8.2012, 3.9.2012, 15.9.2012, 28.9.2012, 3.10.2012, 8.10.2012, 13.10.2012, 22.10.2012, 29.11.2012, 24.11.2012 and 1.12.2012, but there was no improvement  in the complainant’s condition.  The complainant was treated by the respondent upto 11.8.2014, but of no use.   On 17.8.2014, the complainant went in Krishna Wati Hospital, Sonepat where the doctor said that you have been given wrong treatment and he referred the complainant to Delhi.  On 18.8.2014, the complainant visited Fortis Hospital, Shalimar Bagh, Delhi where he remained admitted from 21.8.2014 to 18.9.2014 and the complainant has spent Rs.6 lacs on his treatment, but there was no improvement in the headache and left leg of the complainant and still he is under treatment.  Due to the wrong treatment given by the respondent, the complainant has become unable to stand on his own legs being paralyzed and this act of the respondent has also caused unnecessary mental agony, harassment to the complainant. So, he has come to this Forum and has filed the present complaint.

2.       In reply, the respondent has controverted the pleadings of the complainant.  The complainant on 18.7.2012 has come to his clinic as he was suffering from headache.  After thorough examination, he was found to be a case of Episodic Cluster Headache and is not a common in nature.  The complainant told the respondent that he had been administered a wrong injection in his left leg by some other clinic.    The fact of the matter is that the complainant was never administered any kind of injection and he was simple prescribed medicines on the OPD slip dated 18.7.2012 upon which the case history of the complainant and the medicines prescribed to him were mentioned. The  complainant was found to be a case of chronic obstructive pulmonary disease.  He was chronic alcoholic and was  a chain smoker.   The nerve conduction studies test conducted on the complainant is also indicative of the fact that the complainant was suffered from problem in his both legs being a die-hard alcoholic and a chain smoker.   As regards his neurological problem including headache etc. he was given a right and best treatment/prescription of medicines by the respondent. Wrong allegation has been leveled that the doctor of Krishna Wati Hospital has said that the respondent has given wrong treatment to him.  The OPD slip issued by Krishna Wati Hospital, Sonepat is totally silent about this allegation. On microscopic examination, the complainant was found to be suffering from pus cells to a great extent indicating that probably his kidneys have been badly damaged and affected due to heavy intake of liquor.   The respondent is not responsible and is not liable for any kind of act of the complainant. NO such report of Fortis Hospital has been given to the complainant by the doctors of the said hospital which may speak that the respondent has given wrong treatment to the complainant.  There is also no evidence even worth the name to substantiate his claim in this regard.  The complainant has filed the present false and frivolous complaint only to extract the amount of compensation and to harass & humiliate the complainant. Infact there was no deficiency or negligence in service on the part of the respondent while treating the complainant. Thus, he has prayed for the dismissal of the present complaint.

3.       We have heard the arguments advanced by  the learned counsel for the parties at length.  All the documents have been perused very carefully and minutely.

         Ld. Counsel for the respondent has submitted that the complainant on 18.7.2012 has come to his clinic as he was suffering from headache.  After thorough examination, he was found to be a case of Episodic Cluster Headache and is not a common in nature.  The complainant told the respondent that he had been administered a wrong injection in his left leg by some other clinic.    The fact of the matter is that the complainant was never administered any kind of injection and he was simple prescribed medicines on the OPD slip dated 18.7.2012 upon which the case history of the complainant and the medicines prescribed to him were mentioned. The  complainant was found to be a case of chronic obstructive pulmonary disease.  He was chronic alcoholic and was  a chain smoker.   The nerve conduction studies test conducted on the complainant is also indicative of the fact that the complainant was suffered from problem in his both legs being a die-hard alcoholic and a chain smoker.   As regards his neurological problem including headache etc. he was given a right and best treatment/prescription of medicines by the respondent. Wrong allegation has been leveled that the doctor of Krishna Wati Hospital has said that the respondent has given wrong treatment to him.  The OPD slip issued by Krishna Wati Hospital, Sonepat is totally silent about this allegation. On microscopic examination, the complainant was found to be suffering from pus cells to a great extent indicating that probably his kidneys have been badly damaged and affected due to heavy intake of liquor.   The respondent is not responsible and is not liable for any kind of act of the complainant. NO such report of Fortis Hospital has been given to the complainant by the doctors of the said hospital which may speak that the respondent has given wrong treatment to the complainant.  There is also no evidence even worth the name to substantiate his claim in this regard.  The complainant has filed the present false and frivolous complaint only to extract the amount of compensation and to harass & humiliate the complainant. Infact there was no deficiency or negligence in service on the part of the respondent while treating the complainant.   

         Ld. Counsel for the complainant has also argued his case vehemently that the respondent doctor has given the wrong treatment to the complainant due to which the complainant even cannot stand on his own legs and thus, the respondent is liable to compensate the complainant.

         But after hearing both the learned counsel for the parties at length and after going through the entire relevant records available on the case file very carefully, we are of the view that there is no merit in the present case.

         The plea of the complainant that wrong injection was administered by the respondent to the complainant as mentioned in Annexure C-1.  For Fapan DSR, Pantaprazole (for acidity of abdomen) +Domperidom(for vomiting) can be given.  The entire relevant record available on the case file shows that the complainant has taken the treatment for headache, for which, he initially approached to the respondent.  There is nothing on record which may go to prove that the complainant has taken any treatment for any paralyze of his left leg.  No doubt the complainant has taken the treatment from Fortis Hospital and Maharaja Aggarsain Hospital.  As per Ultrasound of whole abdomen report of Fortis Hospital “Right kidney is normal in size (11.3 x 6.4 cm) and outline.  Cortical echogenicity is increased with partial loss of cortico-medullary differentiation  and needs KFT correlation. No obvious calculus or hydronephrosis is seen.  Left kidney is normal in size (11.2 x 6.8 cm) and outline.  Cortical echogenicity is increased with partial loss of cortico-medullary differentiation and needs KFT correlation.  No obvious calculus or hydronephrosis is seen.

         Meaning thereby, from this report of whole abdomen, one thing is clear that right kidney and left kidney of the complainant were normal.  But despite this, the complainant has falsely and to mislead the Forum has pleaded that his kidneys were effected due to the treatment given by the respondent.

         Further LAMA Summary of Fortis Hospital Shalimar Bagh, Delhi shows that the complainant was diagnosed for Acute Febrile Illness, Acute on CKD, Severe Sepsis, Hyponatremia.

         From this summary of Fortis Hospital, it is also clear that the complainant has not taken any treatment for any part of his body which got paralyzed.

         Further the discharged summary of Maharaja Aggarsain Hospital shows that the complainant was diagnosed for UTI with sepsis with AKI with Dyselectrolytemia.  As per history, the patient was admitted with complaints of:-

         -Decreased urine output for 10-15 days,

         -Altered sensorium for 2-3 days,

         -Fever off and on for 2-3 days,

         -Headache for 10 days.

 

From the entire relevant record available on the case file, it is gathered very carefully that the complainant has taken the treatment for Headache disease and not any part of body which got paralyzed.

         Further ld. Counsel for the complainant has argued that the respondent made cutting on the prescription slips and this is wrong. 

         To rebut this contention, ld. Counsel for the respondent has argued that it is general practice of the doctors that when the medicines prescribed to the patient give no relief, then the doctors by cutting the previous suggested prescription, write down the new prescription with his fresh opinion etc. to avoid any confusion.  So, it cannot be said that the respondent doctor wrongly and illegally has made any cutting on the prescription slips. 

         We find force in this contention of the respondent and the complainant cannot get any favour of this aspect from the respondent.

         In our view, the complainant has filed the false and frivolous complaint against the respondent doctor by alleging false and baseless allegations.  The complainant has failed to prove any kind of negligence on the part of the respondent doctor while treating him.  In our view, the respondent doctor has treated the complainant in a very reasonable care and manner.  The report of Fortis Hospital and Maharaja Aggarsain Hospital no where speak against the respondent.  So, in our view, it will be the great injustice with the respondent who treated the complainant in a very reasonable care, is held deficient or negligent.  Accordingly, it is held that there is no merit in the present complaint and the present complaint deserves to be dismissed.  We order accordingly. The parties are left to bear their own costs.

         Certified copy of this order be provided to both the parties free of cost.

         File be consigned after due compliance.

 

 

(Prabha Wati) (DV Rathi)            (Nagender Singh)           

Member,DCDRF, Member, DCDRF           President, DCDRF

Sonepat.      Sonepat.                Sonepat.

 

Announced 06.08.2015