S K SHARMA Vs. L C SHARMA

JUDGEMENT

(1.) SHRI S.K. Sharma has filed this complaint against Dr. L.C. Sharma alleging medical negligence and deficiency in service on the part of the O.P. on account of which the complainant lost his hearing power and became a deaf person.

(2.) THE facts of the case in brief are that on 22.1.1992 at about 4.00 p.m. the complainant was admitted in Sanjay Nursing Home belonging to O.P. Dr. L.C. Sharma for treatment of high fever. It is alleged that the O.P. without proper investigation immediately put the complainant on Glucose mixed with Gentamycin. The OP also took the chest x -ray of the complainant. Next day in the morning, the complainant complained to the O.P. that he is not in a position to hear any sound and felt as if he has become deaf. However, the O.P. assured the complainant that he will recover his hearing after the fever comes down. But there was no improvement in the condition of the complainant, neither the fever came down nor there was any improvement in the hearing. On 24.1.1992 the complainant requested the O.P. to call some ENT Specialist since there was total loss of hearing. However, the O.P. again changed the medicine and did not bother to call a specialist. The O.P. discharged the complainant on 25.1.1992 after charging Rs. 1,445/ - as medical expenses. Even at that time the complainant was running high fever and there was total loss of hearing. The complainant after his discharge consulted Dr. Vijay Rawat on 27.1.1992, 26.1.1992 being a National Holiday. Dr. Rawat treated the complainant for high fever and also observed that the complainant lost his hearing capacity because of wrong combination of antibiotic medicines given to the complainant, which was not required. Dr. Rawat referred the complainant to Dr. Sunil Kathuria, ENT Specialist who after conducting various tests came to the conclusion that the loss of hearing has been caused because of injection of Gentamycin drug and it cannot be cured now. The complainant got himself examined from All India Institute of Medical Sciences and experts attending there after extensive investigation and clinical examination came to the conclusion that it is a irrevocable loss and cannot be cured. The complainant alleged that the O.P. did not properly diagnosed the complainant and adopted hit and trial method without proper investigation and the injection of Gentamycin drug administered by the O.P. caused total loss of hearing. It is also stated by the complainant that he was working as Mine Foreman in the Delhi Mineral Corporation Limited and he will be declared medically unfit person because of his deafness and will be deprived of his job. Thus it is alleged that on account of the gross negligence on the part of the O.P. the future of the complainant has become bleak. It is also stated that the complainant s wife has expired leaving behind one child and now nobody will marry him due to total loss of hearing. It is also stated by the complainant that the O.P. is running the said Nursing Home without getting it registered under the Delhi Nursing Home Registration Act and is treating the patient without proper care and efforts. It is also stated that there is no specialist doctor attending to the patients, even though long list of specialists is mentioned in the brochure. It is also stated by the complainant that the O.P. Dr. L.C. Sharma is not a qualified doctor and is a quack. Hence the complainant filed this complaint alleging medical negligence and deficiency in service on the part of the O.P. and claiming compensation of Rs. 10,00,000/ - for the loss of hearing and also as compensation of mental agony and pain.

(3.) THE O.P. Dr. L.C. Sharma in his reply stated that the said Nursing Home does not belong to him and he is only the Administrative Officer of the said Nursing Home who prepares discharge certificate in respect of patients admitted in the Nursing Home. It is admitted by the O.P. that the complainant was admitted in Sanjay Nursing Home on 22.1.1992 at 4.00 p.m. due to high fever but denied by the O.P. that the complainant was immediately put on glucose mixed with Gentamycin. It is stated that the complainant was examined by Dr. Gopal Rai, MBBS, MD who diagnosed that the patient was suffering from typhoid and chest congestion with high fever. Dr. Gopal Rai recommended test and put on the patient onto glucose mixed with Gentamycin. The O.P. stated that the Gentamycin does not require any pre -admission test. It is neither banned nor contains any warning. The O.P. further stated that in morning the temperature of the complainant came down and his condition was improving and the medicine was changed as per the advice of Dr. Gopal Rai. It is further asserted that the complainant did not complain about hard of hearing when he got admitted or thereafter at any time till he was discharged from the hospital. The O.P. further stated that Dr. Virender Sharma who is a visiting ENT Specialist in the Nursing Home. However, the complainant never complained of any hearing problem and he was discharged from the Nursing Home at his own request. The O.P denied that he was one of the consultant doctors who attended the complainant in the Nursing Home and he was nowhere connected with the treatment of the complainant being the Administrative Officer of the said Nursing Home. O.P. Dr. L.C. Sharma also stated that he is running his own clinic at WZ -611, Raj Nagar, Palam Colony, New Delhi for the last 20 -22 years as a child specialist and Sanjay Nursing Home belongs to Dr. Jaswant Sharma, BAMS. The O.P. also denied that he is not a qualified doctor and he is cheating the patient without proper care and efforts. It is further stated that the registration process of the Nursing Home is under verification and is pending with the appropriate authorities. It is alleged that this bogus and malicious complaint has been filed to ruin the reputation of the Nursing Home and it should be dismissed with costs.