HARISH KUMAR KHURANA Vs. JOGINDER SINGH

JUDGEMENT

(1.) The appellants in all the above three appeals are assailing the order dated 13.08.2009 passed by the National Consumer Disputes Redressal Commission, New Delhi ("NCDRC" for short) in Original Petition No.289/1997. Through the said order, the NCDRC has held the appellants herein guilty of medical negligence and has directed payment of Rs.17,00,000/­ (Rupees Seventeen Lakhs only) with interest at the rate of 9 % per annum from the date of filing the complaint till the date of payment. The appellant in Civil Appeal No.7380/2009 is the doctor who administered anaesthesia to the patient. The appellant in C.A. No.6933/2009 is the hospital wherein the operation was performed. The appeal bearing C.A. No.8118/2009 is filed by the New India Assurance Company Limited from whom the anaesthetist and the hospital had taken separate policy to the extent limited under the policy.

(2.) The brief factual matrix leading to the above case is as here below. The patient Smt. Jasbeer Kaur, wife of the first claimant and mother of claimants 2 and 3 before the NCDRC visited the appellant hospital on 08.10.1996 and was diagnosed with kidney stone in her right kidney. She was advised to undergo surgery by the treating surgeon Dr. R.K. Majumdar. The patient who was examined as an outpatient had come back to the hospital only on 03.12.1996. On being examined again at that point, it was noticed that the right kidney had been severely damaged and the left kidney was also diagnosed with a stone. In medical terms, the diagnosis was referred as Hydronephrosis, Grade IV with renal stone in the right kidney and Hydronephrosis of Grade II in the left kidney. As advised earlier, the patient was again advised surgery.

(3.) Accordingly, the patient admitted herself on 06.12.1996 and she was declared fit for surgery. On 07.12.1996, Dr. H.K. Khurana informed the patient as also her husband that both the kidneys could not be operated at the same time due to the severe damage. They were advised that as per the medical practice, the less affected kidney that is the left kidney would be operated in the beginning since complete removal of the right kidney cannot be ruled out. In such eventuality, the left kidney if rectified would be able to function. The appellants contend that on 09.12.1996 an informed consent of high­risk surgery was obtained from the patient as well as her husband. The respondent No.1 and Dr. R.K. Majumdar were involved in performing the surgery of the left kidney, which was a successful operation. As per the say on behalf of the hospital and the doctors, the condition of the patient improved by 12.12.1996 due to which the possibility of the second surgery to the right kidney was considered. The necessary tests conducted by the anaesthetist, the physician and the surgeon resulted in clearing the patient for the second surgery.