DWIVEDI PANNAG BHUSHAN Vs. BALRAM KUMAR SINGH

JUDGEMENT

(1.) Dr. Dwivedi Pannag Bhushan appeals against the judgment and order dated 19.5.2003 passed in Complaint Case No.75/1998 on the file of the District Consumer Forum, Deoghar, whereby the appellant has been directed to pay a sum of Rs.1,00,000/- by way of compensation due to medical negligence on the part of the appellant while rendering medical service to the complainant/respondent.

(2.) The short facts giving rise to the dispute are that the complainant while ploughing his field sustained a fractured knee injury of his left leg. He approached the appellant Dr. Bhushan for his treatment. The doctor advised him operation and accordingly he was operated upon on 8.11.1996 and since then he remained in the Nursing Home for about a month. The complainant has incurred a huge amount while in the Nursing Home, besides a sum of Rs.10,000/- paid to the operating Surgeon as operation fee. Even after operation, he has become total handicap. However, the appellant doctor assured the complainant of his complete recovery in due course, but unfortunately, the condition of the patient remained as it was, and ultimately the complainant became totally incapable of earning his livelihood.

(3.) On being noticed, the appellant Dr. Dwivedi appeared and filed his response wherein the injury as well as the treatment including operation performed by him has not been denied. However, it is alleged that the complainant remained for a week in the hospital and further he has done the operation free of cost without charging single farthing. Since the complainant has completely ignored the directive regarding dressing and medicine as advised by the attending Physician/surgeon, as a result, complications developed with infection and hence there has been no deficiency in rendering the medical service to the complainant.