T.DASARADHA RAMA REDDY Vs. P.RAMESH BABU

JUDGEMENT

(1.) A case of medical negligence.

(2.) AGGRIEVED by the order of the Dist. Forum awarding Rs. 15,000 towards expenses and Rs. 10,000 towards compensation, a surgeon the appellant/R2 preferred this appeal.

(3.) THE case of the complainant in short is that he is a police constable working in Afzulgunj Police Station. While so on 13.3.2004 when he was on duty he met with an accident at about 9.00 p.m., wherein he sustained dislocation of Proximal Inter Phalangeal joint middle and ring finger (PIP). He was admitted in R2 Yashoda Super Speciality Hospital, Somajiguda. The appellant, an orthopaedic surgeon conducted the operation on 14.3.2004 and was discharged on 19.3.2004. The X -ray revealed that the joint of middle finger was not united properly. When he complained that movement of middle finger was not normal even after removal of K.A. wire which was fixed at the time of operation, the appellant assured that it would become normal. He advised physiotherapy. In spite of undergoing physiotherapy there was no improvement. In view of deterioration of his condition, again, he approached the appellant who advised him to undergo another operation to set -right the problem. In fact he addressed a letter to Arogya Bhadratha an organization which provides medical expenses for the police personnel. Since the operation conducted by him was not proper and he lost confidence in him, and opted treatment in Nizam's Institutes of Medical Sciences (NIMS). The second operation was conducted on 8.6.2004. When contacted he was informed that general anaesthesia ought not to have been administered when local anaesthesia was enough for the said surgery. In view of improper surgery he was constrained to spend Rs. 15,000 in NIMS. On that he got issued legal notice for which a reply was given with false averments. Therefore, he claimed Rs. 31,402 for the treatment spent by him with interest @ 24% p.a., and reimbursement of Rs. 15,000 spent for second surgery and Rs. 1 lakh towards compensation besides costs.