SIDHARTH BATTA Vs. MAJ.GEN.M.L.MAGOTRA

JUDGEMENT

(1.) THE State Commission has negatived the claim of the appellant. It has been observed that this is not a case where respondent doctor was negligent in administering the medicine. THE complainant remains unsatisfied; he has preferred this appeal.

(2.) IT is not in dispute that Sidharth Batta who filed a complaint through his father and who has again filed the present appeal through him was born on 18th September, 1988. He had medical problems from day one. He suffered from Jaundice. He was also suffering from acute diarrhoea. He was given Gentamycin and some other medicines also on 19th May, 1989. IT was alleged that because of administration of this drug, the child became deaf. This was detected when audiogram test was conducted. This was done on 17th November, 1989. The appellant was taken to the Government Hospital at Ludhiana. He was taken to other Hospitals also. Ultimately, the opinion expressed is that the appellant is permanently deaf.

(3.) DR. Mohan Lal, who is an Assistant Surgeon, stated that the deafness from which the appellant is suffering is a congenital defect. DR. Anil Suri, another Assistant Surgeon stated that whatever he had mentioned in the certificate was not on the basis of personal observations. DR. Javed Choudhary, admitted that Gentamycin can be administered to a child suffering from Diarrhoea and indicated that the dose would depend upon the weight of the child. He stated that the dose which was prescribed by the respondent was within the permissible limit. The question arises as to whether the deafness from which the appellant came to suffer was congenital or this occurred on account of excess injunction of Gentamycin.