MARTIN JOSEPH Vs. FAIZAL

JUDGEMENT

(1.) This revision petition challenges the order dated 23.11.2010 of the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, the State Commission ) in First Appeal no. 227 of 2002. By this order, the State Commission held as under:

(2.) The father of the complainant Faizal (minor) had approached the District Consumer Disputes Redressal Forum, Thrissur, Kerala (in short, the District Forum ) with a complaint of medical negligence/ deficiency in service against the petitioners who were the opposite parties (OPs) before the District Forum. OP 1 was the Orthopaedic Surgeon working at OP 2 hospital at the relevant point of time who, on reference, treated the complainant. The complainant, a boy of nine years at the relevant time, suffered an injury in which a large wooden piece pierced into his left foot. He was taken to OP 2 hospital where one Dr. Mohammed Sayed carried out a surgery on the boy s foot to remove the wooden piece. He then referred the patient to Dr. Martin Joseph, an Orthopaedic Surgeon at OP 2 Hospital. While under the treatment of Dr. Joseph (OP)/petitioner 1, the complainant was told that the entire wooden piece had been removed. He remained at OP 2 hospital as an in-patient for 25 days. However, on 13.10.11997, the affected part of the complainant s foot was examined and he was informed that some foreign body (wooden piece) was still inside the foot. OP 1/petitioner then advised an MRI scan of the foot. On examination of the scan report, OP 1 again conducted an exploratory surgery and left the surgical wound open without suturing for days. On 18.11.1997, the patient s foot was put on plaster, which was removed on 28.11.1997. However, the plaster was again put back the same day. On 25.12.1997, when the plaster was removed, it was seen that there was granulation on the foot which was removed under sedation on 29.12.1997. On 12.01.1998, the patient was again admitted to OP 2 for physiotherapy. The father of the patient was told that the wound would heal soon. However, on 17.03.1998, blisters appeared on the patient s foot and further treatment had to be started. The blisters on the foot reappeared on 24.07.1998 as well as on 28.08.1998, whereupon, at the request of the complainant/patient s father, he was referred to Mother Hospital, Thrissur. On 11.09.1999, Dr. Sunny Pazhayattil at the Mother Hospital carried out another exploratory surgery on the patient s affected left foot and took out a small wooden piece. Thereafter, the patient had to be treated at Mother Hospital for 24 days. Though the patient was under the treatment of OP 1 at OP 2 hospital for nearly a year from 22.09.1997 to 31.08.1998, the patient underwent a lot of sufferings, pain and expenses without full relief. Alleging medical negligence and deficiency in service, the patient s father filed a consumer complaint before the District Forum seeking compensation of Rs.4.50 lakh on various counts.

(3.) The OPs contested the allegation and contended that there was no deficiency in service on their part.