MOHD ABRAR Vs. ASHOK DESAI

JUDGEMENT

(1.) This appeal is directed against the judgement rendered by Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal in complaint case no. 54 / 1998. The appellant is original complainant. His complaint filed under section 27 of the Consumer Protection Act, 1986 for compensation on account of medical negligence came to be dismissed. Feeling aggrieved, he has come up in appeal.

(2.) Briefly stated, the appellant s case before the State Commission was that he sustained fracture of left leg due to accident on 24.04.1997. The accident occurred in the proximity of Dewas town. The appellant was initially admitted to Karim Nursing Home, Dewas on the same day. The x-ray examination indicated comminuted fracture. Though, there was no external injury found, he was advised to get further treatment at Greater Kailash Nursing Home, Indore. He went to Indore on the same day. He was admitted as indoor patient at Greater Kailash Nursing Home, Indore in the same evening. His left leg was hung upwards. The respondent no. 1 Dr. Ashok Desai decided to fix an external fixator. The measurement was taken on 30.04.97 for such purpose. On 5.05.1997, the external fixator was fixed by the treating medical practitioner, i.e., Dr. Ashok Desai. The appellant was hospitalised for further treatment after the installation of safety shoes on 8.05.97.

(3.) The appellant alleged that on 17.05.1997 he got himself discharged from the hospital on being assured of the successful operation and further assurance that no further medical treatment was required. He further alleged that the quality of external fixator was inferior. The rings and the steel rods were rusted. The rod fixed during the course of operation was defective. The respondent no. 1 Dr. Ashok Desai, did not pay any attention to the fact that there was occult blood. The infected blood had started oozing out of the drilled holes. No care was taken to drain out the infected blood. The appellant further alleged that after four days of discharge he again approached the respondent no. 1 Dr. Ashok Desai but the latter was not available. He was advised to visit the Hospital on 25.05.97. He accordingly went to the respondent no. 2 - hospital where he was told that the rod fixed in the left leg was defective and therefore, another operation was needed. In between 29.05.97 till 21.06.97, the respondent no. 1 Dr. Ashok Desai performed four operations including sequestrectomy and sloughectomy. Besides, plastic surgery was also performed. According to the appellant, the respondent no. 1 Dr. Ashok Desai ought to have gathered knowledge that there was onset of gangrene, yet instead of removal of the infected blood and giving treatment for gangrene the plastic surgery was performed alongwith four operations in order to gloss over the patent and negligent error committed by him. The appellant alleged that when there was no improvement noticed, he shifted himself to Gita Bhawan Hospital, Indore on 21.06.97. He was duly informed at that medical centre about the prognosis of gangrene. He was advised to undergo amputation of the left leg below the knee in order to arrest progression of the gangrene and to save his life. His left leg below the knee was amputated on 26.06.97. He took further treatment in Gita Bhawan Hospital till 31.07.1997. The appellant came out with a case that the amputation of his left leg was result of medical negligence committed by the respondent no. 1 Dr. Ashok Desai. He, therefore, claimed compensation of Rs.20 lakh on account of loss of livelihood, medical expenditure and mental as well as physical agony.