DR. SHAILESH SHAH Vs. APHRAIM JAYANAND RATHOD

JUDGEMENT

(1.) The appellant, a practicing medical practitioner, has filed this appeal against the order of the Gujarat State Consumer Disputes Redressal Commission holding him guilty of medical negligence in the treatment of respondent-complainant and awarding Rs.1.00 lakh as compensation with interest @ 15% per annum from Jan. 1, 1994 till payment. Cost of Rs.1,000.00 was also awarded. When notice was issued in the appeal, the impugned order of the State Commission was stayed.

(2.) Rathod, the complainant alleged in his complaint that he had consulted the appellant Dr. Shah on 4.8.93 of the complaint of stomach-ache. Dr. Shah had prescribed certain medicines and also recommended for blood, urine and stool tests. Next day complainant got these tests. He showed the report to Dr. Shah who diagnosed the illness of Rathod as that of acute appendicitis. Dr. Shah advised him for operation. Complainant says he was asked to come back after five days. Dr. Shah wrote a letter dated 5.8.93 to one Dr. Dugly who it appears was the one who had referred the case of Rathod to Dr. Shah. Dr. Shah wrote that he had come to the conclusion that Rathod was suffering from acute appendicitis and that he advised for con. (conservative) and then he wrote we want to think over. This letter shows that Dr. Shah also prescribed certain medicines and then concluded his letter stating as under:-

(3.) Rathod, the complainant says when he met Dr. Shah on 9.8.93, he was fully well and yet Dr. Shah without carrying out any further test , said that operation was still necessary and he admitted him. On 10.8.93 operation was performed by giving spinal anesthesia. It took 11 hours for the operation to conclude which in normal circumstances would have taken only 4 hours. Complainant was not given anything to eat or drink and was kept nil by mouth and did not take anything orally. He was administered injection and was put on drips and as this was done by unskilled and unqualified staff of Dr. Shah, there was swelling on his hand with the result that his two fingers became completely deadened and thereafter could not work as fitter. All this period he was kept in the hospital of Dr. Shah and on 14.8.93, as Rathod had been suffering from high temperature, Dr. Shah called a physician by the name Dr. Kirti P. Shah to examine Rathod who prescribed certain medicines. He asked Dr. Shah to carry out various tests all of which Dr. Shah failed to carry out. Whatever tests were done these were normal. Rathod says that on 14.8.93 Dr. Shah advised him to take coconut water and tea etc. But as Rathod started vomiting after taking these liquids Dr. Shan then advised him to stop the same. On 18.9.93 he was called in the operation theatre saying that stitches were to be removed and without informing anything to him and without his consent the second operation was performed on him. On 27.8.93 Rathod was discharged after suffering great deal of pains, losing two fingers of his right hand and suffering from hernia because of the gross negligence committed by Dr. Shah in operating Rathod, and then second time operating him without his consent. Rathod said all this action of Dr. Shah was against medical opinion as contained in the medical treatise A Short Practise of Surgery by Belly and Loves. Complainant claimed Rs.8.00 lakhs as damages as under: