BALJINDER SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The present revision petition has been filed on behalf of Baljinder Singh, a minor, through his father Amrit Singh (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Punjab in Appeals No.366 and 367 of 2003 which set aside the order of the District Dr. Ashutosh Gupta and Dr. Anuradha Gupta (hereinafter referred to as the 'Respondents').

(2.) The facts of the case according to the Petitioner are that on 11.7.2000, one Baljinder Singh a minor, aged 10 years fell from a Jamun tree and was immediately admitted to the Accident Care and Adarsh Bone & Joint Hospital, Phagwara which was run by the two. Respondents/doctors. He underwent treatment from 11.7.2000 to 15.7.2000 after which he was discharged with assurance by Respondents that he will be cured. However, since his condition and pain deteriorated, he was referred to Dayanand Medical College & Hospital, Ludhiana where Dr. Bassi who was Head of the Department of Orthopaedics in that hospital, after examining the child informed the Petitioner in the presence of Petitioner's wife and Sarpanch that because of the presence of dust and small pebbles in the wound, there was severe infection and consequently the leg had to be amputated. This occurred because of medical negligence and deficiency in service on the part of the Respondents/ doctors who first treated the patient. The Petitioner, therefore, filed a complaint before the District Forum on the above grounds and sought a direction that the Respondents pay the Petitioner Rs.2,00,000 on expenditure of his son's medical treatment at the two hospitals including miscellaneous expenses and Rs.3,00,000 for loss of leg, mental suffering and harassment.

(3.) Respondents denied the contentions of medical negligence. They admitted that the child had been brought to the hospital with a fracture of the left femur which was compound and multiple and as per the history given by the relatives of the injured, he had fallen on soil from a Jamun tree and infection was created in the wound. Respondents/ doctors thereafter cleaned the wound and treated the child. They denied that the pa-; tient had remained in their hospital from 11.7.2000 to 15.7.2000. According to them, the child was discharged from the hospital on 12.7.2000 at the insistence of the Petitioner but was brought back to the hospital with complaints of pain the next day. The plaster was slit and opened and the wound re-examined but no serious problem was j detected. On 15.7.2000 the child developed I fever and the wound was again cleaned, I adequate splintage was used and the child was given superior antibiotics. An ultra-sound test of the abdomen was done which was found to be normal. However, since there was retention of urine and fever, the patient was referred to Dayanand Medical College (DMC) & Hospital, Ludhiana by the Respondents/doctors on the advice of a paediatric surgeon since it had better anesthesia and kidney facilities. The leg had to be amputated 5 days after the patient was admitted and if there had been any major problem the amputation would have been done on the same date. Respondents denied that there was any negligence or deficiency in service on their part in treating the patient and requested that the complaint be dismissed with costs.