G D SINGH Vs. PARMINDER SINGH

JUDGEMENT

(1.) These two appeals bearing Nos.328 and 329 both of 2003 are directed against order dated 4.12.2002 passed by District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) vide which Complaint Case No.161 of 1999 filed by the respondent Sh. Parminder Singh has been allowed and a sum of Rs.30,000/- has been awarded as compensation for medical negligence alleged against the appellant/o. P. No.2 Dr. G. D. Singh of the Department of Orthopaedics, General Hospital, Sector 16, Chandigarh, appellant/o. P. No.1.

(2.) The respondent in both the appeals namely Shri Parminder Singh filed the aforesaid complaint seeking compensation against the O. Ps. now appeals in the two appeals for medical negligence committed during the surgery of his fractured leg. The respondent Shri Parminder Singh is an employee of the Government of Punjab and was entitled for free treatment at the General Hospital, Sector 16, Chandigarh. He was admitted as an indoor patient registered at Serial No.1213 dated 30.10.1997 and was operated upon on 1.11.1997 by Dr. G. D. Singh, Orthopaedic Surgeon (O. P. No.2) and appellant of Appeal No.329 of 2003. It was alleged by the complainant that before performing the surgery, Dr. G. D. Singh took Rs.5,000/- for the operation and Rs.3,500/- as cost of the rod to be inserted in the fractured leg. Despite the fact that the amounts mentioned above were paid but no receipt was issued regarding the same. After the surgery, the respondent/complainant felt severe pain in his right leg which was operated upon and it became numb. The respondent/complainant informed about his suffering to Dr. G. D. Singh who told him that the pain would subside after a few days. The respondent/complainant was discharged from the hospital on 7.11.1997 and during this period the pain did not subside though he took painkillers as per the advice and prescription of Dr. G. D. Singh.

(3.) The respondent remained confined to bed for about six weeks as advised by Dr. G. D. Singh and thereafter he was brought to the General Hospital- O. P. No.1/appellant for being examined by Dr. G. D. Singh and X-ray examination was done which showed that the operation had not been performed properly and the fractured bone could not be placed in proper alignment and hence the union did not take place. The rod inserted during surgery was of a bigger size than the required one. A piece of bone (butterfly) had been removed by Dr. G. D. Singh by mistake during surgery. The fractured leg was to be plastered once again. In case it did not remove the plaster, plates would have to be inserted. It was thereafter contended that the respondent/complainant consulted several other doctors namely Dr. Aggarwal, Dr. Tahil of Chandigarh, Dr. Grewal of Malerkotla, Dr. N. D. Aggarwal and Dr. Sohal of Patiala and about 80 X-rays were taken of his leg. The X-rays were, however, lost by the complainant. Thereafter, he consulted Dr. Parminder Singh Chawla of the Bone and Joint Centre, Mohali who operated his aforesaid fractured leg on 9.1.1999 and removed the rod which had been inserted by Dr. G. D. Singh and in its place, fixed plates with steel screws. Thereafter, the pain in his left subsided and the rear portion of his right foot started to revive though the front portion is still numb. It was Dr. Parminder Singh who had told the respondent/complainant that the rod which had been inserted by Dr. G. D. Singh was bigger in size than required and that the bone of his leg had been shortened by one inch because it was worn out due to the rubbing of the aforesaid rod. A sum of Rs.15,000/- was charged by Dr. Parminder Singh for performing the operation.