PHOOL CHAND SONI Vs. MAYA PATHAK

JUDGEMENT

(1.) These are a set of two appeals filed against the Order of MP State Consumer Disputes Redressal Commission passed in CC No.27 of 2002. First Appeal No.369 of 2006 is filed by the complainants, Phool Chand and his sons against OP Dr. Maya Pathak and others. The Counter Appeal No.422 of 2006 is filed by the OPs against the Complainant. Initially, Mr. Akash Telang, Advocate, appeared on behalf of the appellant/complainant, Phool Chand, on a few occasions. However, in subsequent proceedings the complainant has remained unrepresented, despite fresh notices. The OPs have been represented by Dr. Amarnath Gupta. Even on 7.9.2011 i.e., the last date of hearing, no one appeared on behalf of the complainant. The representative of the ON was heard.

(2.) The case of the complainants before the State Commission pertains to alleged negligence in the post-operative treatment of Mrs. Ganeshi Bai Soni, wife of complainant No.I and mother of complainant Nos.2, 3 and 4. She was 57 years of age, substantially overweight (146 kilograms), suffered from hypertension and was for sometime suffering from breathlessness and swelling in the feet and the abdomen. On the basis of sonography and CT scan she was diagnosed to have a cyst in the ovary. The operation for removal of the cyst was performed by OP1-Dr. Maya Pathak at OP2 hospital on 20.5.2000. The examination of the cystic growth, the uterus and other fluids taken out in the surgery ruled out any possibility of cancer. The presence of any bacterial infection was also allegedly not found.

(3.) About 10-12 days after the surgery, 1/4th of her stitches were removed. It is alleged that OP3 had advised against removal of remaining stitches. However, despite it, another 1/4th stitches were removed on the next day itself, which was explained to the complainant as necessary to allow the pus to drain out. The pain in the stitches and oozing from the wound of surgery continued to increase despite regular dressing and medication. It is alleged that the patient was discharged from OP2/ Ayushman Hospital on 16.6.2000, without her consent and despite her condition' of increased pain.