P.S.MAINI ORTHOPEDIC SURGEON Vs. AVTAR SINGH

JUDGEMENT

(1.) This order shall decide both the appeals filed against the impugned order dated 27.06.2018 of the Delhi State Consumer Disputes Redressal Forum, (for short "State Commission") passed in Complaint No. 89/2004, whereby the complaint was allowed.

(2.) The facts are drawn from the First Appeal No. 1973 of 2018 and the parties are placed as in the position in the complainant.

(3.) The OP doctor filed his written version and denied all the allegations. In relation to legal notice, OP stated that he has not received any notice. He submitted that both the feet were affected by polio. As per normal practice, better foot is to be cured first before starting the treatment on worst foot. Therefore, the decision of treatment shall be taken by the treating doctor. OP further submitted that the consent form did not reflect as to which foot was to be operated upon first, therefore, the complainants are taking the frivolous ground about operation of wrong side foot. The patient was advised firstly for the Lambrinudi triple fusion on the left side. Relying upon authorization form and the consent form, he performed the operation in the best interest of the patient. OP submitted that complainant no. 1 while signing the form could have written that operation of right foot was required, but deliberately he did not fill the said column. The OP in his best judgment would decide which foot was to be operated first. The Anesthetist was not a specialist to decide the nature and part was to be operated upon. Therefore, in the pre-anesthesia record, he mentioned as soft tissue correction. According to the OP, surgery was performed on left foot so that better functioning of lower limb was made to walk patient properly and thereafter other foot was to be operated. He further submitted that after surgery during follow-up the patient was made to walk without any pain and instability of the left foot after the operation. OP denied about loss of sensation in the patient's left foot.