DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 1^st day March, 2023

Present : Sri.Vinay Menon V., President

            : Smt.Vidya A., Member           

            : Sri.Krishnankutty N.K., Member          Date of filing: 22/06/2021  

CC/89/2021

Nimisha

W/o Prajeesh

Vandhanam House

Keezhur (P.O), Ottappalam 

Palakkad District

(By Adv. K. R. Santhosh Kumar)                     -             Complainant 

Vs

1. Thrikkadeeri Medical Centre

Ottappalam -Cherpulassery Road

Thrikkadeeri

Palakkad Dt. 679 502

2. Dr. Rajesh.C, B.Sc, M. B. B. S

Thrikkadeeri Medical Centre

    Ottappalam - Cherpulassery Road    

    Thrikkadeeri, Palakkad Dt. 679 502                 -            Opposite parties

(Both opposite parties by Adv. K.K.Prasanth)

O R D E R

By Sri.Krishnankutty N.K., Member

1.  Pleadings of the Complainant

The complaint is all about the alleged medical complications created by the treatment given to the complainant by the opposite parties.  On 15/02/2021, the complainant approached the opposite parties for treatment of tooth ache.  She was given a pain killer injection and allowed to go home.  In the night, since the pain got worsened she went to the opposite party medical Centre at around 8.55pm.  The second opposite party prescribed 3 injections including antibiotics.  The allegation of the complainant is that she developed serious allergic reactions since the nurse administered the injections without waiting for the reaction of the test dose given to her.  The second opposite party suddenly attended the complainant and when the situation of the complainant got stabilised she was allowed to go home.

By midnight on the same day, her condition further worsened and had to be rushed to P.K.Das Hospital in very critical condition and was under treatment there till 20/02/2021.  Further, she was advised to continue the therapy and physiotherapy.  Since she was not able to walk without support and was suffering from recurring itchiness, she had to be taken to Jubilee Mission Hospital, Thrissur, for expert consultation, where they advised her to continue the same treatment.  But still she has not recouped back to her health and is having mobility problems and tiredness.  Hence she is unable to discharge her family duties or to attend examinations to get a job.

According to the complainant, the negligence of the opposite parties in administering a new medicine and the unprofessional behavior of the nurse employed by 1st opposite party caused the allergic reaction which could have even resulted in loss of life.  Hence she has approached this Commission seeking the following reliefs.

A. Hospital expenses already incurred - Rs. 30,520/-

B. Transport to hospital - Rs. 15,000/-

C Pain & Suffering - Rs. 15,00,000/-

D Mental Agony - Rs. 5,00,000/-

2.   Notices were issued to the opposite parties.  They entered appearance and filed joint version refuting the allegation of any medical negligence and contending that all the treatments given were as per the medical protocol.

3.   Issues involved

1. Whether the administration of test doze to the complainant was as per the protocol and adopting the procedures prescribed thereof?
2. Whether there is any negligence on the part of opposite parties in the administration of drugs or in giving test doze injection of antibiotics to the complainant?
3. Whether the difficulties suffered by the complainant such as loss of speech, inability to walk without support etc. are results of drug allergy as alleged by her.
4. Whether the 2^nd opposite party has   performed his duty with reasonable care and competence?
5. Whether there is any deficiency in service on the part of opposite parties?
6. Whether the complainant is entitled to the reliefs claimed?
7. Reliefs if any as cost/compensation.

4.   The complainant and opposite parties didn't file proof affidavits or mark any documents as evidence.  Hence, the only material available to the Commission is the memorandum of complaint and the version filed by the opposite parties.

5.  Issues1, 2, 3 & 4

As per section 38(6) of Consumer Protection Act, 2019, every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.  The present case is that of alleged medical negligence which cannot be decided on the basis of pleadings and counter pleadings alone.  Hence the complainant should have resorted to the option of getting an expert commission appointed and got an opinion in support of her allegations.

In the absence of any of the above in support of her pleadings, this Commission has to conclude that the complainant has failed in establishing a prima facie case against the opposite parties.

6.  Issues 5, 6 & 7

As the complainant couldn't prove a prima facie case against the opposite parties the complaint is dismissed and hence the complainant is not entitled for any relief.

Pronounced in open court on this the 1^st day of March, 2023.

                                                                                                       Sd/-

                                                                                Vinay Menon V

                                                         President   

                                                                  Sd/-

                                                         Vidya A

                                   Member   

                                                                                                        Sd/-

                                                                                    Krishnankutty N.K.

                                                                                            Member

Appendix

Documents marked from the side of the complainant: Nil 

Documents marked from the side of opposite party: Nil

Witness examined: Nil

Cost: Nil

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.