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Kuppusamy filed a consumer case on 19 Sep 2019 against Sen Hospital in the North Chennai Consumer Court. The case no is CC/40/2016 and the judgment uploaded on 05 Nov 2019.
Complaint presented on: 22.01.2016
Order pronounced on: 19.09.2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 19th DAY OF SEPTEMBER 2019
C.C.NO.40/2016
Kuppusamy,
No.260/8, K.V.N.Puram 3rd 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 19th 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
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