DR. P. ASHOK KUMAR Vs. EZHILARASI

JUDGEMENT

(1.) The present Revision Petition has been filed under Section 21 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against the impugned Order dated 27/08/2014, passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (hereinafter referred to as the "State Commission") in Appeal No. 275/2011, whereby the Appeal filed by the Respondent was allowed and the Order of District Consumer Disputes Redressal Forum, Villupuram (hereinafter referred to as the "District Forum") was set aside, directing the Petitioner to pay a compensation of Rs. 4,00,000.00 and costs of Rs.10,000.00 to the Respondent.

(2.) The brief facts are that on 24/08/2000, Ms. Ezhilarasi, the Respondent herein (hereinafter referred to as the "patient") was taken by her father to Dr. P. Ashok Kumar (hereinafter referred to as the "Opposite Party") with complaint of high grade fever. It was alleged that the Opposite Party administered one injection on her left buttock at a wrong site involving nerve. Therefore, immediately after that the patient experienced severe pain and developed swelling. She was unable to stand or walk. The Opposite Party assured the Complainant that the pain would subside in sometime. However, when the pain and swelling persisted, the Complainant, on 20/09/2000, took his daughter to the Opposite Party's clinic, who prescribed some medicines and advised to consult Neurosurgeon. On the next day i.e. 21/09/2000, the Complainant consulted Dr. Venkatesan, the Neurosurgeon but to no avail. On 13/10/2000, the Complainant took the patient to JIPMER Hospital, Pondicherry and consulted another Neurologist Dr. S. Paranjothi. The X-ray of the patient was taken and medicines were prescribed. Having no relief from the pain, the patient took treatment at Children's Hospital, Chennai as an Inpatient and an Outpatient from 27.10.2000 to 29.11.2000. Thereafter, on 10.07.2001, the Complainant consulted Ortho Surgeon named Dr. Sriram, who advised MRI scan, but due to financial constraints, the Complainant could not get MRI scan done and further treatment of his daughter and he, ultimately, returned to Villupuram. It was alleged that despite contacting the Opposite Party several times, no help was offered by him. Being aggrieved by the medical negligence of the Opposite Party during treatment of the patient (minor daughter), the Complainant filed a Consumer Complaint No. 44/2002 in the District Forum.

(3.) The Opposite Party filed its Written Version and submitted that the patient (minor girl) visited him on 24/08/2000 with complaint of high fever and she was administered intra muscular injection Fevastin in the left gluteal region by disposal syringe. At that time she had not experienced any pain or discomfort at the injected area. On 20/09/2000, she again visited the Opposite Party with the complaint of pain in the buttock as she had fallen on ground, for which the Opposite Party prescribed anti-inflammatory drugs and referred the patient to a surgeon named Dr. P. Venkateswaran. He did not charge any fee for that day. The Opposite Party submitted that the patient's complaint had no relevance to the administration of injection by him. The Opposite Party also denied knowing about any kind of treatment given at JIPMER Hospital or by Dr. Paranjothi or at Children's Hospital. On perusal of the discharge summary and reports of other doctors, the patient had been advised for MRI scan and CT Mylogram for suspected Spinal Cord problem and it was the submission of the Opposite Party that the said tests were not meant for the alleged nerve damage.