FA.No.1639/2005 against CD.No.155/2002 District Consumer Forum,

Between-

S.Adinarayana, S/Veerabhadrapuram Sreekakulam Dist.

…Appellant/Complainant.

And

Sri

Annapurna Nursing Home,

Amudalavalasa Town,

Srikakulam Dist.

…Respondent/Counsel for the Appellant                      

Counsel for the Respondent         

QUORUM- THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

AND

SRI G. BHOOPATHI REDDY, HON’BLE MALE MEMBER.

THURSDAY, THE THIRD DAY OF JULY,

TWO THOUSAND EIGHT.

Oral Order (Per

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1.         The appellant is unsuccessful complainant.    The case of the complainant   The opposite party, who is a medical practitioner, after examining   Accordingly, he purchased it and the opposite party gave the said injection on his leg.  After that he went to his native place.  The pain became unbearable.  Thereupon, he approached another doctor,   He was advised to undergo an operation.  Thereupon he approached Dr. Visakhapatnam.  They opined that it was due to negligent treatment of the opposite party. Later he approached one   Accordingly, he underwent operation.  When he approached the opposite party along with his brother complaining deficiency in service, he did not give proper reply.  He spent about Rs.30  He gave a registered notice and filed the complaint claiming compensation of Rs.5

 2.        The opposite party resisted the complaint. However he admitted that the complainant had approached him on 10.06.2001 complaining that he had pain in the ankle   his right leg.  Then he examined the complainant and found that he had   Thereupon he gave a prescription advising him to take pencilin injection along with other medicines.  He did not take any fee as the patient was known to him.  However, the complainant did not come to him nor he gave any injection. Later in the month of September, 2001 he came to him stating that he went to his village, and used some native medicines and applied cooked leaves at the place of pain and the pain was subsided.  However, his leg tendon was ruptured and was in pain.  Then he examined him and directed him to approach   He did not prescribe any medicine.  He was not aware as to what happened subsequently.  The complainant is in the habit of filing false cases, creating litigation and black mailing the respectable persons.  Therefore, he prayed that the complaint be dismissed with exemplary costs.

3.         The complainant in proof of his case filed his affidavit along with the affidavit of one    while the opposite party filed his affidavit and Ex  The District Forum after considering the evidence placed on record opined that there was no proof that he purchased medicines as prescribed by the respondent under Ex.A.1 prescription, nor paid any amount to him towards consultation fee.  There is no proof that an injection was given by the opposite party and that resulted in rupture and consequently he was forced to undergo an operation evidenced under Ex.A.2, issued by   The complainant also did not examine any medical expert to prove that the injection which was prescribed by the opposite party would result in rupture of tendon   Consequently, the District Forum dismissed the complaint.

4.         Aggrieved by the said order, the complainant preferred this appeal contending that the District Forum did not appreciate the facts in correct perspective.  It ought to have seen that the injection prescribed and administered by the respondent doctor resulted in rupture of   He suffered mental agony besides physical problems and therefore, he prayed that the appeal be allowed. 

5.         The point for consideration is whether any medical negligence could be attributed to the respondent doctor?

         It is an undisputed fact that the respondent is a medical practitioner at   It is also not in dispute that on 10.06.2001 the complainant visited the Nursing Home of the respondent when there was swelling in ankle.  It is also not in dispute that the respondent prescribed injection and some tablets evidenced under Ex.A.1 prescription chit.  While the complainant asserts that the respondent gave     He alleges that the complainant did not come to his Nursing Home for giving injection nor he received any fee from him.  The fact that the complainant had paid any fee is not evidenced by any receipt.  Obviously in order to show that he did not receive any fee from the complainant, the respondent filed Ex.B.1, the day book/ledger showing that the complainant did not pay any fee to him on the said day.  It is his plea that he has been maintaining the said ledger mentioning the fees that was received by him on every day.

7.         The complainant for the reasons best known did not file any bill to show that he purchased medicines prescribed by the respondent.  The complainant could not prove that he had taken the   Admittedly, one   Subsequently, he took several medicines evidenced under Ex.A.3 to A.10 prescriptions.  In none of the prescription chits, the doctors who had examined the

8.         The complainant did not even examine any medical expert to prove that the administration of injection of   When the complainant could not prove any of these facts, we do not see any ground whatsoever to conclude that the respondent doctor has negligently prescribed a wrong medicine and that resulted in rupture of   Absolutely, no evidence whatsoever is filed in or to prove that the respondent was guilty of any negligence.  We do not see any merits whatsoever, to interfere with the finding of the District Forum.  We do not see any merits in the appeal.

         In the result, the appeal is   However, in the circumstances, no order as to costs.

            PRESIDENT              MALE MEMBER

03.07.2008.