HARVINDER KAUR Vs. SUSHMA CHAWLA

JUDGEMENT

(1.) Smt. Harvinder Kaur w/o Shri Harwant Singh has filed appeal under Sec.15 of the Consumer Protection Act, 1986 against the order dated 1.4.1999 passed by the District Forum, Jalandhar, dismissing her complaint with the view that the complainant has not been able to prove prima facie any medical negligence on the part of the opposite party.

(2.) The case of the complainant in short is that she was admitted in the hospital of the opposite party No.1 Dr. (Mrs.) Sushma Chawla, at about 9.00 a. m. on 10.9.1997. She was taken to the operation theatre whereby caesarean operation was carried out and two babies were born. After the delivery, she got the tubectomy operation done from the opposite party No.1, on the same day. She was discharged from the hospital on 19.9.1997 by the opposite party. As per the allegation of the complainant, she was not feeling perfectly well at the time of discharge. She was informed by opposite party No.1 that the uneasiness was due to the caesarean operation and operation of tubectomy. She was assured of complete recovery within a month. The opposite party No.1 insisted her to visit the hospital for general check up and for follow-up treatment and the complainant had been visiting the opposite party No.1 and complained about the pain in the abdomen and opposite party No.1 suggested only medicines and Short Wave Diathermy (S. W. D. ). She was also advised complete rest. As the complainant could not bear the pain of abdomen then she consulted another Physician namely, Dr. Ranbir Singh, Medical Surgeon of Jalandhar who advised for scanning of the abdomen, Needle Test and X-Rays etc. which she got conducted from Bhangu Scan and X-Ray Clinics, Jalandhar. It was clear from it that there was some foreign objection (Mass) at the left side of the abdomen just above umblicus level like a ball and had also noticed thick pus. Then on the advice of Dr. Ranbir (M. S.), the complainant got herself admitted in the Bawa Hospital, Jalandhar on 18.11.1997 for further operation to get the foreign object removed as her health was day by day falling down and she was feeling discomfort, uneasiness and weakness. She handed over the original reports of Scan, Needle Tests and other reports to the hospital before the operation. On the basis of which, she was operated on 19.11.1997 and a "sponge" was removed from Peritoneal Cavity by the doctors of Bawa Hospital, Jalandhar. The complainant remained admitted in Bawa Hospital, Jalandhar upto 25.11.1997. She was issued discharge certificate by Dr. Ramesh Kashyap, Resident Medical Officer of Bawa Hospital. According to the complainant, the "sponge" which was removed by the doctor of Bawa Hospital remained in the abdomen due to negligence of opposite party No.1 while performing the caesarean operation on the person of the complainant on 10.9.1997. The sponge was used for protecting the velns and the nerves and arteries below and around the uterus which had to be removed after the operation and before the stiching of the internal layer and outer skin of the abdomen. Due to this negligent act the complainant had to suffer a lot. She spent Rs.50,000/- for the medicines and operation charges, physically also she was unable to do her daily routine jobs and found herself incapacitated to look after her children. So, she has prayed that for all the reasons state above, she may be awarded compensation to the tune of Rs.5,00,000/- (Rupees five lacs) for deficiency in rendering service.

(3.) On being noticed, the opposite party No.1 filed the written version, alleging that false and frivolous complaint has been filed against them which is not maintainable. It has been denied if the opposite party No.1 was in any way negligent in providing medical care to the complainant. Some of the facts were admitted such as the Caesarean Operation performed in her hospital where twin babies were born on 10.9.1997. The surgery performed was 'lower Segment Caesarean Operation'. She was discharged on 9th post operative day which is usual time for normal recovery. After discharge, the complainant came on 27.9.1997 for mother and baby check-up, immunization day and she was suggested S. W. D. (short Wave Diathermy), which is a mild heat theorapy for recovery of internal wound. It has been denied if the opposite party No.1 was careless and negligent towards the patient/complainant. It has been further denied if any foreign object was removed from the abdomen in the operation. In this regard, it is stated that at the time of a caesarean operation on the person of the complainant and as per practice of Nursing Home of the opposite party No.1, no intra-abdominal sponge was used in caesarean section as the same is an old and out dated routine.