NIRMAL Vs. LOK NAYAK HOSPITAL

JUDGEMENT

(1.) COMPLAINT of the appellant seeking compensation against the respondent for medical negligence while treating him for dental problem was dismissed vide impugned order dated 27.2.2003 passed by the District Forum firstly on the ground that the appellant has failed to produce the record that he has made any payment of any kind to respondent hospital and secondly that he has also not proved any material showing the negligence on the part of the respondent. Feeling aggrieved the appellant has preferred this appeal.

(2.) THE facts as culled out from the impugned order including the verison of the respondent -hospital are that the appellant has been visiting at various departments of Dental Wing of the respondent hospital since 1996 and was given treatment by the Department of Conservative Dentistry, Department of Oral Diagnosis, Department of Oral Surgery, Department of Prosthodontice of the Dental Wing as the appellant reported to the department in the year 1996 with upper left list molar exposed and was advised extraction which he undertook in February 1997 in the Department of Oral Surgery. He was having poor oral hygiene and was referred in the Department of Peridontics for Oral Prophylaxis in February 1997. The appellant visited Department of Prosthodontics for crowing of left upper central incisor which on examination was found tender on percussion and was sent to the Department of Conservative Dentistry for root canal treatment of the tooth. By the fag end of January, 1999 appellant was given treatment of root canal of upper left central incisor under the overall supervision of Dr. Sangeeta Talwar, Prof. in the Department, the said treatment was completed. The allegation that some poisonous substance was put in the mouth was also controverted.

(3.) APPELLANT was also examined by Dr. Sunita Gupta, a specialist in ORAL Medicine and it was found that the patient was suffering from ORAL Lichen Planes of the mouth and this condition is an autoimmune disease and can never be caused by any chemical howsoever. Test was called out at the Department of Pathology, G.B. Pant Hospital in the month of May, 1999 and possibility of ORAL Lichen planus was not ruled out. He was given jacket crown for his root canal treatment in month of August 2000 and was given a partil denture of the missing upper left first and second molar.