K G KRISHNAN Vs. PRAVEEN KUMAR MINOR

JUDGEMENT

(1.) This revision petition arises out of the order of the State Consumer Disputes Redressal Commission, Kerala, whereby the State Commission upheld the order of District Forum. The facts in brief which led the complainant to approach the District Forum are that the complainant, Praveen Kumar, (minor, represented by his father) was admitted in the respondents hospital on 9th April 1996 for fever. After examination the fever was found to be at 101-F and as per the advice of the respondent/Doctor the nurse gave the complainant Paracetamol injection on the left buttock. Immediately the left leg of the complainant became paralysed. On this fact being brought to the notice of the respondent, the complainant was told that he would recover after sometime. On the next day the complainant was discharged. On 11th April, 1996 the fever got aggravated and the child, i.e. the complainant, was admitted in the same hospital and he was discharged on 13.1.1996. On 17th April, 1996 the complainant was admitted in the Medical College Hospital for further treatment where the doctors opined that sciatic nerve of the minor complainant had been damaged and the Doctor advised the complainant for expert treatment. Then the complainant was brought to West Fort Hospital where the doctors opined that the paralysis of the left leg was due to injury caused to the sciatic nerve due to paracetamol injection. When this fact was brought to the notice of the respondent, the respondent could offer only a sum of Rs. 500/-. Dissatisfied with the attitude of the respondent/Doctor, the complainant approached the District Forum claiming a sum of Rs. 3,95,000/-.

(2.) Upon notice being issued, the opposite party filed its reply disputing the contentions of the complainant. The District Forum upon hearing both the parties framed the following points for determination

(3.) The District Forum after a detailed analysis of the facts and law on the above the mentioned points held that due to negligence on the part of the nurse in giving paracetamol intra muscular injection on the buttock of the minor complainnat the sciatic nerve of the complainant got injured and the minor complainant developed the present foot drop which cannot be completely cured, as opined by P.W. 2. While holding so, the District Forum, after taking all the factors into consideration, fixed the compensation at Rs. 1 lakh. The District Forum also allowed costs at Rs. 500/-.