NATIONAL INSURANCE COMPANY LIMITED Vs. AABHA RANI SRIVASTAVA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9.5.2006 of the District Consumer Forum, Allahabad whereby the appellant, the insurer of Dr. S.K. Bhattacharyya had been directed to pay a compensation of Rs. 4,50,000 to the complainant along with interest and litigation charges. Dr. S.K. Bhattacharyya, a medical practitioner got his medical practice insured -of course in accordance with the terms and conditions of the insurance policy.

(2.) THE complainant Smt. Aabha Rani Srivastava is the wife of Sri Anand Mohan Lal, Advocate. As recited by her in her complaint, she having felt some itching problem in the toe of her left leg, contacted Dr. S.K. Bhattacharyya, the respondent No. 2 in the latter's clinic in Civil Lines, Allahabad and the doctor after examination of her toe prescribed medicines for four days. The doctor also advised the complainant to get the level of her blood -sugar checked, which was, after a laboratory test, reported to be normal but after the use of the prescribed medicines for four days, her itching problem turned from bad to worse and she developed tiny pustules spread over the entire portion from ankle to knee and all these blisters developed bigger and bigger in size with burning sensation and pain all over. When she again got her examined by Dr. Bhattacharyya, the same medicines with two more tablets were prescribed for another period of four days. However, there was no relief and the size of the blisters further developed to be larger with full of water inside causing burning pain to her. The doctor did not appreciate the seriousness of the problem and went on repeating medicines again and again with the result that all the blisters burst with the water flowing out. The pain was so unbearable that she was confined to bed and was unable to walk even for the necessary calls of nature. The doctor then prescribed Durabolin injection of 50 mg. to be administered every alternate day for one week. When there was no improvement in the malady the complainant was suffering from, she was taken to Dr. A.K. Bajaj, the Head of the Department of Skin Disease in S.R.N. Government Hospital, Allahabad. He diagnosed infection of skin and sub -dermal,a disease known as cellulites. Dr. Bajaj prescribed effective medicines including Geramycin injection of 60 ml. to dry the blisters and when he noticed that the said injection was not effective, he changed it and prescribed Sufacef of 1.5 gm. I/M twice a day and also prescribed some other medicines. The treatment of Dr. Bajaj indicated some improvement and slowly the blisters started drying up. However, when Dr. Bajaj noticed that the wounds of the complainant had developed some infection, he referred the case to Dr. D.R. Singh, a reputed surgeon of Raj Nursing Home, who then asked the patient get admitted in his hospital. He advised for amputation of the lower limb of the left leg of the patient. However, the complainant's husband sought advice of another reputed surgeon, who with his experienced capability treated the patient satisfactorily. The doctor performed surgery of the wounds which improved the patient's condition, as a result of which the infection started withering up. It was in this way that Dr. Tripathi saved the patient from her leg being amputated but her leg developed a deformity, as a consequence she could not walk without the help of a stick. In this way the complainant suffered lot of physical pain and mental agony. The complainant filed her complaint before the Forum below with the allegations of medical deficiency attributed to Dr. S.K. Bhattacharyya, who according to her was responsible for medical negligence in providing treatment to her.

(3.) DR . S.K. Bhattacharyya who had treated the complainant for about two weeks denied the allegations of medical negligence or deficiency in service. According to him, he examined the complainant for the complaint of itching on her feet and legs and he prescribed potassium permaganate as an antiseptic/disinfectant and caladryl lotion as a soothner for external use on the affected part of her legs and two anti -allergic tablets, one Alerid during the day and the other -Polaramine at bed time. These medicines and lotion were prescribed for four days with effect from 29.6.2001 and when the complainant contacted him again on 1.7.2001 she was advised to undertake blood -sugar test. Then on 2.7.2001 he repeated all the medicines and advised to take Glucon -D orally and Zevit (Vitamin B -Complex capsules) as the complainant complained of slight weakness. Though she was asked to come 3 -4 days after but she committed non -compliance and came on 11.7.2001 when she complained of continuous weakness and since her itching problem was not completely getting over, one more tablet namely Nebulid in addition to the earlier medicines was prescribed. She also complained of hypertension as her blood pressure on 12.7.2001 was recorded as 190/90. He then prescribed two more medicines Atenol -50 and Gravol. Both these medicines were prescribed because of the complainant suffering from blood pressure. All these medicines were commonly used and were absolutely safe. The complainant did not contact him after 12.7.2001, although she was asked to come three days after.