HARKANWALJIT SINGH SAINI Vs. GURBAX SINGH

JUDGEMENT

(1.) It is the medical doctor who is the petitioner before us. In the District Forum complaint was filed against him alleging deficiency in service in performance of his medical duties towards Gurbax Singh complainant-respondent No. 1 herein. While the District Forum dismissed the complaint it was allowed by the State Commission on accept filed by the complainant. It was held that the petitioner was deficient in service and a sum of Rs. 30,000/- was awarded to the complainant as compensation for mental agony and harassment. Aggrieved, Dr. Harkanwaljit Singh Saini has come to this Commission.

(2.) Gurbax Singh, the complainant, approached Dr. Saini for certain medical ailment being pain in the abdomen. It was suggested to him that an operation was necessary to relieve him of his pain. He was admitted in the Hospital of Dr. Saini for the period from 25.6.1998 to 4.7.1998. Dr. Saini had performed operation to remove stone from kidney and charged Rs. 30,000/- as his fees. Complainant alleged that even after the operation and discharge from the Hospital he still felt acute pain as it appeared to him that his stone problem was already there. Complainant contacted Dr. Saini who advised him for another X-ray. This X-ray report showed a small opacity in the right renal region. Dr. Saini after examining the X-ray advised the complainant to have himself checked up at PGI, Chandigarh. Complainant did not go to PGI, Chandigarh and rather contacted some other doctor who told him that he had wasted a lot of time and had not been given proper treatment. Complainant was advised second operation.

(3.) Stand of doctor Saini was that as per history of the complainant given to him, complainant had already been operated upon for removal of stone in the right kidney in a hospital at Dasuya and that there was reoccurrence of stone in the same kidney. Before the operation he after scanning X-ray and reports which the complainant produced there was calculas (also called stone) in the right renal region and the coloured X-ray report indicated that both the kidneys functioning normally and that the calculus was lying in the lower calyx (a cup like organ) of the right kidney. operation was performed on 26.6.1998 and kidney stone measuring 2 x 1 cms. was removed which was handed over to the attendants of the complainant. Complainant was discharged on 4.7.1998 when he was completely cured and was advised to visit the hospital for follow-up treatment after one week. On 14.7.1998 it was found that complainant had no problem. He was prescribed iron tonic and B-complex tonic. According to Dr. Saini complainant had history of reoccurrence of stone, therefore, by way of abundant caution he was advised X-ray which indicated a small opacity in the right renal region. According to Dr. Saini such like opaque shadow becomes visible for many causes other than the calculus which was only doubted. Dr. Saini, therefore, advised the complainant to go to PGI for "metabolic analysis". Dr. Saini denied that no stone was removed by him. Admittedly, complainant, did not go to PGI, Chandigarh.