SACHIN AGGARWAL ALIAS VICKY Vs. ASHOK ARORA

JUDGEMENT

(1.) Whether dynamic compression plating done on the frastured femur of a child of 13 years is per se negligence in orthopaedic surgery? This has come to be the core question in this case.

(2.) On the complainant's own showing, the opposite party Dr. Ashok Arora is an Orthopaedic Surgeon of considerable standing. He is an M. B. B. S. holding a diploma in Orthopaedics and the degree of Master of Surgery in the same branch. He has earlier served as the Registrar of the Medical College at Rohtak and an Orthopaedics Surgeon of the Civil Hospital at Hisar. After acquiring considerable experience in Government service, he resigned and set-up his own Clinic at Hisar in the name and style of Arora Orthopaedic Centre.

(3.) The complainant Sachin Aggarwal has preferred the complaint through his father and natural guardian Shri Jai Parkash Aggarwal. At the material time, the complainant was nearly 13 years of age and student of the 8th Class. On the 3rd of June, 1991, he met with an accident while driving a scooter at Hisar and was immediately removed to the clinic of the opposite party. It was found that his left femur had been fractured and after the preliminary procedures, he was operated upon and a steel plate was inserted in the leg and screwed to the bone as an aid to the healing of the fracture. It is however, the complainant's case that after three months of the said operation, the bone had again broken where a hole had been inserted by the opposite party and it is suggested that this was due entirely to the negligent medical procedures by Dr. Arora.