ZEBA HAMID Vs. HAJELA HOSPITAL & ORS

JUDGEMENT

(1.) THESE two appeals, one by the complainant and the other by Hajela Hospital, are directed against the order dated 17.4.2006 passed by the District Forum, Bhopal in Complaint Case No. 543/2005.

(2.) WHILE the facts of the case stated from one side are that the complainant/Jeba Hamid had been unnecessarily subjected to the unwarranted medical treatment and caused permanent harm, the Hospital maintains that the patient was properly treated and all actions were taken for her benefit inasmuch as, though a case of infertility, she had conceived and has a child aged 2 years.

(3.) LEARNED Counsel for the complainant has pointed out that since Jeba Hamid, a case of primary infertility, contacted the opposite party -Hajela Hospital and the doctors insisted that she should undergo diagnostic laparoscopy and hysteroscopy for which a sum of Rs. 3,100 was charged on 29.9.2004, on 30th September, 2004 she started bleeding from the place the operation was performed. This, according to the surgeon, necessitated ovarian drilling for which a bill of Rs. 9,000 was given to the husband of the complainant though his consent was not obtained for this operation in writing. It has also been pointed out that negligence of the doctors was writ large as they have also removed the fallopian tube for which there was no reason.