MAHESH MISHRA Vs. RAM SWAROOP

JUDGEMENT

(1.) This is an appeal by the opposite party to Complaint No.1063/1994 from the order dated 27.7.1995 whereby the District Forum, Sri Ganganagar held the appellant guilty of medical negligence in the treatment of urinary track problem of the respondent and directed him to pay a sum of Rs.10,000/- as compensation for mental agony and physical discomfort and Rs.5,000/- as cost of litigation to the respondent.

(2.) Relevant facts are these : the appellant is a doctor by profession and being an urologist treats patients, suffering from urinary problems, at his Clinic/nursing Home, known as Mishra Nursing Home, Rai Singh Nagar, Distt. Sri Ganganagar. The respondent-complainant was, at the relevant time, working as an IVth Class Govt. employee at Tehsil Rai Singh Nagar.

(3.) On 23.11.1994 the respondent filed his complaint before the District Forum with the allegations that on 22.2.1994 he consulted the appellant at his Nursing Home in respect of complaint of itching in urinary track and difficulty in passing urine, that the appellant, without conducting any sort of tests and checking, advised him to get himself operated for his problem without loss of any time otherwise his problem would get aggravated, that the appellant, acting negligently in conducting the minor operation of his urinary track, aggravated the problem and his urine stoped passing, that the apellant conducted second operation and also inserted a tube in the urethra but the urine did not pass through the urethra instead it flowed through the stitches of the wound that it was after conducting operations for two times that the appellnat got his urine and blood tested and after keeping him under observation for 5 to 10 days discharged him from his Nursing Home, that since his urinary complaint could not be removed he again consulted the appellant on 11.3.1994 but this time the appellant advised him to consult Dr. Kailash Floor of Government Hospital at Sri Ganganagar, that he consulted Dr. Floor on 12.3.1994 and remained as an indoor patient in his ward for 18 days but he was not cured of his disease, that Dr. Floor referred him to the Sawai Man Singh Hospital (Government) at Jaipur where he was operated upon twice, once on 16.4.1994 and thereafter on 6.5.1994, and then got relief. The respondent alleged deficiency in service on the part of the appellant and claimed compensation for mental agony, cost of medicines and cost of litigation totalling at Rs.1,09,581.52.