SANTOKBA DURLABHJI MEMORIAL HOSPITAL Vs. BHANWAR LAL

JUDGEMENT

(1.) The facts of the above mentioned case are these. The complainant/respondent, Bhanwar Lal was admitted in Santokba Durlabhji Memorial Hospital, Jaipur, petitioner No. 1, on 19.3.1998. He complained about pain and swelling in the right leg/hip for more than six months. He was examined by Dr. Shailendra Srivastava, petitioner No. 2. According to Dr. Shailendra Srivastava, the complainant was suffering from Pyogenic Septic hip with AVN (Avascular Necrosis head of femur). The X-ray revealed that the upper shaft of the femur bone was severely infected by chronic osteomyelitis. On 20.3.1998, the complainant was advised MRI scan of his Pelvis with hip joints to confirm presence of soft tissue involvement which were not visible in the X-ray. The MRI report substantiated the X-ray report and revealed chronic Osteomyelitis involving the Right Illiac Bone, Right Hip Joint and upper 1/3rd of the right Femur. The complainant was advised blood tests by petitioner No. 2 including tests for IGG and IGM for Tuberculosis and he got the tests done from an independent diagnostic centre. The blood tests revealed that the complainant tested Negative with Anti Mycobacterium Antibody IGM/IgG and the same were conducted outside the above said hospital. The histopathology report reveal that there was no evidence of tuberculosis on 22.4.1998. The complainant was discharged from Santokba Durlabhji Memorial Hospital on 02.5.1998.

(2.) The complainant consulted Dr. S. C. Sharma of SMS Hospital, Jaipur on 9.12.1998 and after various investigations, X-rays and blood tests, the complainant was diagnosed as suffering from Osteo-tuberculosis and Pyogenic septic. Treatment was given by Dr. S. C. Sharma. The complainant recovered. The grievance of the complainant is that the improper treatment given by the Santokba Memorial Hospital, Jaipur resulted in his 40% disability.

(3.) The complainant filed a complaint before the District Forum where he claimed compensation in the sum of Rs.7,32,541/- from the petitioners. The District Forum allowed the complaint and a sum of Rs.57,542/- alongwith interest @9% per annum till the payment of the same from the date of that order was granted. Compensation in the sum of Rs.75,000/- and Rs.2,000/- litigation costs.