YASHWANT KISAN DAHALE Vs. VISHWAS SONI

JUDGEMENT

(1.) THIS appeal filed by org. complainants is directed against the dismissal order dated 27.5.2003 passed by District Consumer Forum, Nashik. The Forum below dismissed the consumer complaint filed by present appellants on the ground that they have miserably failed to establish the medical negligence in the service rendered by the respondent -org. O.P.

(2.) PANDURANG , the only son of appellant No. 2 Gajiram Dahale fell sick. The patient was taken to respondent on 17.10.1998. The patient was admitted in the Hospital on 19.10.1998. The ailment was diagnosed as Typhoid and accordingly the medical treatment was given to the patient. In spite of medical treatment, the health of Pandurang deteriorated. The appellants attributed medical negligence to the respondent. On 29.10.1998 the patient was serious and accordingly respondent appraised the appellants about condition of the patient. The appellants took the patient to Dr. Gadkari on 30.10.1998. Dr. Gadkari diagnosed the disease as Brain Tumour and conveyed to the parents that the wrong medical treatment was given to the patient. The patient was operated. However, patient was expired on 25.12.1998. Therefore, the parents of the Pandurang filed consumer complaint for grant of compensation for deficiency in medical service.

(3.) THE respondent -org. O.P. resisted the complaint. It is denied by respondent that he committed negligence in his service. He denied that his diagnosis was wrong. It is contended by the respondent that he gave all possible medical treatment to the patient who had number of complications. It is also contended by the respondent that after having witnessed the seriousness of the ailment, he advised the parents of the patient to shift the patient to Mumbai. However, the advice of respondent was ignored by the parents of the patient. The respondent has attributed negligence to Dr. Gadkari, who had performed operation of Brain Tumour.