MURALEEDHARA RAO Vs. P V HARIDASAN AND ANR

JUDGEMENT

(1.) APPELLANT is the second opposite party Orthopedic Surgeon in the first opposite party hospital in OP No. 359/1999 in the file of CDRF, Kannur, The appellants are under orders to pay a sum of Rs. 30,000/ - as compensation and cost of Rs. 2,000/ - to the complainant.

(2.) THE complainant has claimed a sum of Rs. 1,00,000/ - as compensation for the affliction of Hepatitis B virus allegedly consequent to the negligence in the treatment imparted to the complainant for the injuries sustained in a road traffic accident on 01 -09 -97 at S.N. Park Road, Kannur. He was an inpatient at the opposite party hospital from the above date till 05 -09 -1997. During the period of treatment he was administered injections etc. There was review on 08 -09 -97,12 -09 -97 and 21 -09 -97 at the first opposite party hospital in which the second opposite party is the Orthopedic Surgeon. It is his case that after few weeks he was having pain in the joints and also had severe fever for which he was admitted at ESI Hospital, Thottada on 18 -11 -1997. On tests conducted it was found that he is having viral hepatitis. He was referred to Medical College Hospital, Calicut wherein the infection was confirmed. For expert treatment he was taken to Kasthurba Medical College, Manipal. After various tests it was found that the infection was caused during the treatment at the first opposite party hospital. The infection was contracted due to the negligence and reckless in handing of the injections during the treatment at the first opposite party hospital as advised by the second opposite party/appellant. According to him he has already spent a sum of Rs. 20,000/ - for medicines alone. He was confined to bed for about 4 months. He is a weaver by profession.

(3.) THE first opposite party/hospital has filed version admitting that the complainant was treated at the hospital. It is mentioned that the complainant at the time of admission was having injury on his right great toe and complaints of pain over the back with tenderness over upper lumbar spine. The injury was sutured, injection TT and injection Voveran were given. He was referred to the second opposite party who is an Orthopedic Surgeon. On X -ray it was found that there was no fracture. He was put on IV Ciprofloxacin and IV Metroniazole to prevent infections were given with disposable sterile IV sets, needles and syringes. He was discharged on 05 -09 -1997. During the period of review also there was no complaints. It is denied that the injection was contacted from the opposite party hospital. All injections were given under aseptic precautions. It is also contended that Hindustan Syringes and Medical Devices Ltd. Ballabgarh, Faridabad India are the manufacturers of the disposable syringes. As the above parties are not impleaded the complaint is bad for non jointer.