S.N.RAMANATHAN Vs. CHAIRMAN APOLLO HOSPITALS

JUDGEMENT

(1.) This is a complaint under Sec.17 of the Consumer Protection Act, claiming a sum of Rs.15,00,000/-, as compensation, since the opposite parties have committed, not only medical negligence, but also caused deficiency in service.

(2.) The brief facts of the complaint: The complainant having come to know through newspaper, that the 2nd opposite party is lengthening the deformity in the legs, adopting Illizarov Right Fixator method, approached him on 22.5.95, for which treatment, he was admitted in the first opposite party hospital. After adopting all the necessary tests, surgery was performed on 25.4.95, under the process known Illizarov Ring Fixator and thereafter as inpatient, he was taking treatment, as instructed and as informed as if the bone will be growing, stage by stage in millimeter. The opposite parties have also informed, that the operation was success, and the length of the leg is growing further, advising to continue the physiotheraphy. The complainant taking physiotheraphy, was in the hospital till 11.5.95, on which date, he was discharged informing that his right leg attained the required height.

(3.) After the discharge from the hospital, the complainant also came to the 2nd opposite party, for review, and everytime, he was informed that not only the bones were united, but also required height achieved, thereby informing that Illizarov Ring Fixator, can be removed. As advised by the 2nd opposite party, the fixator was removed by the Assistant of the 2nd opposite party, by name Dr.Naresh on 22.11.95, and thereafter, he was advised to take rest. The complainant though reported pain and sufferings, he was advised that this problem will vanish in due course.