DEEPAK GUPTA Vs. BALKISHAN

JUDGEMENT

(1.) Heard Counsel for the Petitioner who submitted before us that no expert medical evidence has been produced and affidavits of Dr. S.K. Rusia and Dr. Priti Kankane have not been considered.

(2.) The Petitioner has come in revision against concurrent findings of two Fora below. On the basis of material on record, both the Fora below have fixed medical negligence on the Petitioner. District Forum had awarded compensation of Rs. 1,00,000 on the Petitioner and OP No. 2. The said amount was ordered to be paid within one month and thereafter 12% interest shall be payable till the date of payment. Cost of Rs. 500 was also awarded. The appeal filed by Petitioner was dismissed by the State Commission.

(3.) The matter has been considered threadbare by both the Fora below. It has been held by the State Commission that there was no urgency for immediate operation when the blood sugar of the patient was high and the ultrasound report did not indicate that gallbladder of the patient was having pus and there was chance of burst of gallbladder; that there was discrepancy in the papers given to the complainant and papers which had been submitted by OP Nos. 1 and 2; the examination report given by Dr. S.K. Rusia was doubtful and the said report was afterthought; the original documents of the case sheet had not been submitted by the OPs; that the wound of operation of the patient had not recovered and she was discharged firstly on 3.5.1997 and again on 23.5.1997 without complete recovery which proved medical negligence; that on 23.5.1997, Dr. R.K. Aggarwal after examining the patient had written that gangrene had developed in the wound of Smt. Parvati Devi and under the circumstances, the discharge from the hospital on 23.5.1997 completely proved the negligence of OP Nos. 1 and 2; that on 15.6.1997 Dr. Dinesh Pratap of Medical College, Jhansi found that the wound of the patient had burst and ultimately the patient had died on 24.6.1997 and that the reasons for death as indicated in the death certificate was on account of burst of stomach, opening of stitches, spreading of pus heart disease and felsipram malaria.