SHAQEEL QURESHI Vs. A K DUBEY

JUDGEMENT

(1.) THESE appeals have been filed against the order dated 24.3.2005 of the District Forum, Gwalior passed in complainant case No. 376/01 by which the District Forum has found Dr. A.K. Dubey negligent in rendering medical service and ordered to pay compensation of Rs. 5,000 expenses of Rs. 2,000 and costs of the litigation in the sum of Rs. 1,000. The facts are taken from appeal No. 1382/05 for convenience unless otherwise stated.

(2.) IT is not disputed that the complainant (Shaqeel Qureshi) was under treatment of Dr. A.K. Dubey for a substantial period as he sustained fracture of neck of femur. Learned Counsel for the complainant submits that on 28.9.1998 Shaqeel Qureshi had sustained fracture of hip joint and he was operated by Dr. Dubey. He was again shown on 10.11.1998, 16.1.1999 and 2.2.1999 to Dr. Dubey in which he given prescription, but despite consumption of heavy doses of medicines his pain did not abate. On 12.7.1999 he advised x -ray, but without disclosing the contents of x -ray he changed the medicines. He was again shown to Dr. Dubey on 4.10.1999, 20.10.1999, 10.11.1999, 25.12.1999 and 24.2.2000. The pain still persisted. After x -ray taken out on 12.7.1999 it was revealed that the operation performed by Dr. Dubey was not successful, and, therefore, he kept the admission card and discharge ticket in his possession and on 24.2.2000 the screws were taken out. When the patient was shown to Dr. V.P. Middha who diagnosed the patient to be a case of limp plus mild shortening. He suggested operation again. Dr. Chandok also advised operation. The patient was taken to AIMS where also it was confirmed shortening was due to mal -union of the bone and eventually the patient was brought back and operation was performed by Dr. D.K. Gupta.

(3.) WE have heard learned Counsel for the parties and perused the record. It is luculent that it was a case of fracture, the operation of which was performed by Dr. Dubey and as the pain did not abate, second operation was performed on 20.12.2002. Thus for three years Dr. Dubey permitted the defect to persist by not undertaking operation which was advised by all other doctors including orthopaedic surgeons.