DAYA SINGH Vs. HIVI DIGITAL

JUDGEMENT

(1.) The Petitioner has filed the instant revision petition filed under sec. 21 of the Consumer Protection Act, 1986, against the Order dtd. 26/11/2018 passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short the 'State Commission') in Appeal No. 434 of 2018, wherein the State Commission, dismissed the Appeal filed by the Petitioner.

(2.) The question involved herein is that whether failure to diagnose the urinary stone by Ultrasonography (USG) constitutes medical negligence?

(3.) Briefly stated the case of the Complainant / Petitioner is that on 31/8/2015, he suffered severe abdominal pain, and on his own got done an ultrasound from Shivi Digital X-Ray Ultrasound Coloured Doppler Mamography Centre (hereinafter referred to as the 'Opposite Party No. 1'). The USG was reported as no calculus (stone), and there was no problem in the kidneys. However, he was getting regular abdominal pain. He consulted at M.M. Hospital, Mullana, Ambala. On 8/9/2015 at Aggarwal Digital X-Ray Center, 2 nd USG was done which revealed 17 mm Calculus in the Renal Pelvis and 5-6 small Calculi. Thereafter, Dr. Sudhir Kapoor operated him and the stones were removed in Kapoor Hospital at Ambala. Being aggrieved by negligence of the Opposite Party No. 1 who failed to diagnose renal stone, which incurred heavy expenses and physical and mental agony, the Complainant filed a complaint before the District Forum, Ambala.