B.S.F COMPOSITE HOSPITAL Vs. SUKHI RAM

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21 of the Consumer Protection Act, 1986 by the Petitioner B.S.F Composite Hospital (hereinafter referred to as the "Opposite Party No. 4") and Dr. R. K. Choudhary (hereinafter referred to as the 'OP-5) against the Impugned Order dtd. 10/12/2018 passed by State Consumer Dispute Redressal Commission, Kolkata, West Bengal (hereinafter referred to as the "State Commission") in First Appeal No. 1080/2015.

(2.) The issue relates to the alleged shortening of leg due to medical negligence after the treatment of fracture of the patient's leg. For the convenience, the parties are referred to as stated in the Complaint before the District Forum.

(3.) Brief facts are that the Complainant / Respondent No. 1 (hereinafter referred to as the 'patient') suffered "Fracture Lower 3rd Tibia and Upper 3rd Fibula" of right leg. He visited the Petitioner / OP No. 4 Hospital. After examination a plaster was applied and medicine prescribed by Dr. R. K. Choudhary (OP No. 5 / Petitioner No. 2). The plaster was opened after four months, but the alleged complications were developed. Therefore, for 2nd time, plaster was reapplied. However, the fractured leg failed to recover as normal. Thereafter, the OP No. 5 carried out surgery, but patient's leg became shorter by 1 1/2 cm. Being aggrieved by the alleged wrong treatment, the Complainant filed a complaint before the District Forum, Siliguri.