Tamil Nadu

North Chennai

CC/40/2016

Kuppusamy - Complainant(s)

Versus

Sen Hospital - Opp.Party(s)

N.P JAYA KUMAR

19 Sep 2019

ORDER

 

                                                            Complaint presented on:  22.01.2016

                                                               Order pronounced on:  19.09.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

THURSDAY THE 19^th  DAY OF SEPTEMBER 2019

 

C.C.NO.40/2016

 

 

Kuppusamy,

No.260/8, K.V.N.Puram 3^rd Street,

T.P.Chatiram Main Road,

Chennai – 600 010.

 

 

                                                                                        …..Complainant

 ..Vs..

 

M/s. Sen Hospital,

Represented by its Chief Surgeon & Chairman,

No.18, Bunder Garden Street,

Perambur,

Chennai – 600 011.

 

.....Opposite Party

Counsel for Complainant                       : M/s.N.P.Jayakumar, P.V.Pachiyappan

 

Counsel for  opposite party                      : M/s.V.Ravi & V.K.Sakthivel

 

 

 

 

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

            This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

 Thev complainant was admitted in Sen Hospital on 06.08.2014 and a surgery [left hernioplasty (mesh repair)] was performed  on 07.08.2014 by the medical team. After the said surgery he was discharged from the hospital on 10.08.2014.  After surgery he had more pain than earlier and evidently it was due to improper surgery done in the said hospital. Even though he complained to opposite party about this pain and took treatment for more than two months after surgery he did not get any relief. The area of the operation was never healed and resulted to PUS FORMATION.  Thereafter complainant went to Agada Hospital at T.Nagar Chennai 600 017 for further treatment. The complainant was admitted in Agada Hospital on 26.02.2015 due to abdominal pain sinus discharge left inguinal region.  Again another surgery was performed on him in Agada hospital on 26.02.2015 and left inguinal hernia mesh removal done on the same day. He was discharged from the hospital on 28.02.2015. The complainant came to know that during the surgery conducted on him in opposite party hospital on 07.08.2014 a rolled net like cotton cloth was kept unpread inside his body and it ought to have been spread at the time of surgery.  This is one of the reasons for his shooting pain after the surgery in the said hospital. The complainant reports that it amounts to deficiency in service, carelessness and negligence on the part of the medical team. The complainant issued notice dated 21.11.2015 to the opposite party through his lawyer and filed this complaint.

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The complaint of the complainant is not correct.  It is submitted that in the discharge summary dated 10.08.2014 details of treatment are mentioned.  Subsequently the complainant had visited the opposite party hospital on 15.08.2014, 30.08.2014,09.09.2014 and 24.09.2014. After check up medicines were given. The complainant has not informed about pus formation.  After 11 months from the date of  discharge from Agada Hospital he has filed the complaint. The complaint is also silent regarding any material relating to the allegation of “a rolled net like cotton cloth was kept and un-spread inside his body and it ought to have been spread at the time of surgery”.  In the discharge report of Agada Hospital they have not stated about “rolled net like cotton was kept un-spread”. The opposite party has performed the operation in accordance with the standard expected from a medical practitioner. There was no negligence, carelessness and deficiency in service. This Hon’ble forum may be pleased to dismiss the complaint.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

The case of the complainant is that he was admitted in the opposite party’s hospital as per their doctor’s advice on 06.08.2014 and a surgery  of Left Hernioplasty (Mesh repair) was performed on  07.08.2014.  He was discharged on 10.08.2014. After surgery the complainant had severe pain than earlier and complained to opposite party and also had taken treatment for more than two months but there is no relief. Operated area had not been healed which resulted in formation of Pus. Then the complainant  got  himself admitted at Agada Hopital for further treatment on 26.02.2015 and Left Inguinal Hernial Mesh Removal was done on the same day.  He was discharged on 28.02.2015 and became alright. Further he came to know that during his earlier surgery at opposite party’s hospital on 07.08.2014 a roll net like cotton cloth was kept outspread inside his body which resulted in shooting pain.  Improper surgery and treatment was given by opposite party to the complainant. Due to carelessness and negligent attitude of the opposite party the complainant suffered mental agony and monetary loss.

          05.  The opposite party  would contend that details of treatment given is mentioned in the discharge summary dated 10.08.2014.  The complainant  had not informed the pus formation and the complaint  is filed after 11 months from the date of discharge from  the Agada Hospital.  Discharge summary of Agada Hospital do not show any roll like cotton cloth kept inside his body. The opposite party  had performed the operation in accordance with the expected standard of a medical practitioner.  Therefore there is no negligence on the part of opposite party.

           06. Ex.A1 to Ex.A3 are not  denied by the opposite party. Ex.A4 discharge summary confirms Left Hernioplasty surgery done  to the complainant  on 07.08.2014 and he was prescribed with  medicines for 10 days in Ex.A5 and discharged on 10.08.2014.  The next visit  by the complainant  was on 15.08.2014, 30.08.2014 and the complainant  was treated with medicines by opposite party  is noticed in Ex.A6,  Ex.A7 and  Ex.A8. Test report has been submitted by the complainant  in Ex.A9. Ex.A10  to A15 and  A17  to A19 are the respective bills for payment by the complainant. Ex.A16 is the discharge summary of the Agada  Hospital wherein the second surgery was performed. Ex.A20 is the legal notice issued by the complainant to opposite party  and opposite party’s reply is Ex.A21.

07.  As per the complaint, the patient suffered abdominal pain, for the said reason he approached the opposite party  and the complainant was treated with prescriptions in  Ex.A6 & A7. As per Ex.A16 the patient/complainant was admitted at Agada Hospital for abdominal pain  and sinus discharge left inguinal region and the procedure done was left inguinal Hernial Mesh removal on 06.08.2014. Further  he changed his hospital to another namely Agada  Hospital  and underwent the second surgery on 26.02.2015 i.e. after 6 months of earlier surgery. The mesh kept inside the body was removed. The complaint reveals that the complainant  came to know that during the first surgery with opposite party  a rolled net like cotton cloth was kept unspread inside the body  but it has not been substantiated further by the complainant. The discharge summary in Ex.A16 disclosed only regarding the surgery done and the removal of mesh.  No other  finding is incorporated to prove the allegations of the complainant.  It was only the Left Ingunal  Hernial Mesh Removal Surgery. It is argued on the side of opposite party that   the study of surgical  medicine enlightens that a mesh is necessarily be placed in most of the cases whenever Hernioplasty is done. In this case the Hernial Mesh Removal Surgery  was  done after 6 months of his earlier surgery due to sinus discharge. Last approach to the opposite party  by the complainant  was in the month of August 2014 as per the complaint.

 08. The complainant  was alright when he was discharged from the opposite party’s hospital after the first surgery as per the discharge summary in Ex.A4. After 6 months the second surgery was done. The discharge summary in Ex.A16 do not reveal anything regarding or correlating factor of the allegations of the complainant. The surgery details or any expert opinion regarding the performance of the earlier surgery is not produced.  However the case of the complainant  in particular is for the following reasons such as  “a rolled net like cotton cloth was kept unspread inside the body”, which has not been reported in the discharge summary in Ex.A16. As per the complaint after removal of the mesh which was kept inside during first surgery done by opposite party,   the complainant felt alright. The complainant  has not specified from where he came to know about the unspread cotton cloth as alleged by him was kept inside his body and there is no indication of such thing in the discharge summary of the second surgery performed at Agada  Hospital. It is also argued on the side of opposite party that it may also occur due to the inadaptability of the mesh with the body of   any patient   as per the study of medicine. In general even it happens to any patient  the Doctor who performs the  surgery may not have the opportunity of knowing about the inadaptability of the mesh, at the time of performing surgery. No expert opinion is filed by the complainant to prove that the sinus discharge is only due to negligence of the opposite party  as alleged by the complainant. The allegation of the complainant is also not substantiated. No material is placed by the complainant to prove that the first surgery was done in a negligent manner and there is deficiency in service by the opposite party .There is no material placed by the complainant that the opposite party who performed the surgery had failed to exercise reasonable care and skill in professional treatment which necessitated for second surgery. No proof to show that an unspread rolled net like cotton cloth was removed from the body of the complainant. Therefore the complaint fails and the complainant is not entitled for any relief from the opposite party.

 

 

 

09. POINT NO:2

It is decided in point No.1 as Opposite Party has not committed any deficiency in service, the complainant is not entitled for any relief and the complaint is liable to be dismissed.

          In the result, the complaint is dismissed. No costs.                          

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 19^th  day of September 2019.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 23.07.2014                   Prescription of opposite party

Ex.A2 dated 24.07.2014                    SEN Hospital Bills (4Nos)

Ex.A3 dated 04.08.2014                   Admission Slip

Ex.A4 dated 10.08.2014                   Discharge Summary

Ex.A5 dated 10.08.2014                   Sen Hospital Prescription

Ex.A6 dated 15.08.2014                   Sen Hospital Prescription

Ex.A7 dated 30.08.2014                   Sen Hospital Prescription

Ex.A8 dated 30.08.2014                   Mugilan Pharmacy Bills (7 Nos)

Ex.A9 dated 25.10.2014                   Test Report from Hitech Diagnostic Centre

Ex.A10 dated 25.10.2014                 Test Report Bill

Ex.A11 dated 06.01.2015                 Agada Hospital Blood Test Bill

Ex.A12 dated 19.02.2015                 Receipt from Adaga Hospital for Rs.1,275/-

Ex.A13 dated 25.02.2015                 Agada Pharmacy Bill for Rs.1,640

Ex.A14 dated 26.02.2015                 Agada Hospital Receipty for Rs.10,000/-

Ex.A15 dated 27.02.2015                 Agada Hospital Receipty for Rs.20,050/-

Ex.A16 dated 28.02.2015                 Agada Hospital Discharge Summary

Ex.A17 dated 28.02.2015                 Receipt isssued by Dr.L.Anantha Krishnan for

                                                    Rs.15,000/-

 

Ex.A18 dated 28.02.2015                 Agada Hospital Receeipt for Rs.3,750/-

Ex.A19 dated 28.02.2015                 Agada Hospital Pharmacy Bill for Rs.2,561/-

Ex.A20 dated 21.11.2015                 Complainant Lawyer’s Notice

Ex.A21 dated 03.12.2015                 Opposite party Reply letter

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

 

                                                …… NIL ……

 

                                                                            

 

MEMBER – I                                                               PRESIDENT