B L SHARMA Vs. ASGAR SHAH

JUDGEMENT

(1.) THE opposite party No. 1 - Dr. B.L.Sharma has filed this appeal against the order dated 12.10.2006 passedby the District Forum, Vidisha in case No. 37/2006 by which a sum of Rs. 1,00,000 has been awarded to the complainant allegedly for the medical negligence of the appellant.

(2.) FACTS necessary for the disposal of this case are that Dr. B.L. Sharma is a private medical practitioner after having retired from the Government service. On 3.11.2005 the complainant -Asgar Shah approached the appellant with the complaint of high fever and chills. Suspecting it to be a case of malaria, antimalarial drug and analgesic were administered. Again on the same day the patient appeared and reported about stiffness in hand. Dr. Sharma, therefore, gave an injection of Phanargan in Deltoid region. Thereafter, the patient also consulted Dr. R.K. Jain on 4.11.2005 but, came back on 6.11.2005 to the appellant who found that he was suffering from artery vasodilatation. The appellant, therefore, advised him to consult Dr. Loya. Then complainant went to Gandhi Medical College on 10.11.2005 and finding discolouration of ring finger giving unmistakable indication of gangrene the ring finger was operated and removed. The case of the complainant1, therefore, is that his ring finger was operated on account of the injection given by the doctor which had direct nexus with the consequence that ensued.

(3.) LEARNED Counsel for the appellant submits that it was the treatment administered by the appellant which led to gangrene in the finger. Literature on the subject has also been placed. Bailey and Love's "Varieties of Gangrene" have described as under: "VARIETIES OF GANGRENE ACCORDING TO CAUSE"