CHARAN SINGH Vs. HEALING TOUCH HOSPITAL

JUDGEMENT

(1.) This complaint has been filed by the complainant Shri Charan Singh alleging negligence on the part of the opposite parties Healing Touch Hospital and their doctors.

(2.) The facts of the case emanating from the complaint are that the complainant went to the O.P. 1, Hospital with a complaint of acute stomach ache and burning sensation in urine for the last one year where he was seen by the 2nd O.P. Dr. Juneja, who after examination and tests advised the complainant to undergo surgery for removal of stone from urethra. 2nd opposite party admitted him for the surgery on 12.1.1993 and he was operated upon by the 3rd O.P., Dr. Sunil Sharma, after the 4th O.P., Dr. Seth had administered spinal anaesthesia. According to the complainant, surgery was not successful, 4th O.P. was negligent in administering spinal anaesthesia, which resulted in his paralysis of right side of the body as also he started passing blood in urine, in spite of that, the complainant was discharged. When things did not improve, the complainant again went to see the 2nd O.P., wherein a urinary tube was put and numbers of laboratory tests were done. On 9.2.1993, 2nd O.P. advised the complainant to undergo another surgery and was asked to call his relatives. As a sequel to this advice, he called his friend Tikam Singh, his cousin Rajender Singh and another relative Jaspal. It is alleged that before second surgery, consent was obtained when he had already been administered anaesthesia. Surgery was declared successful by the O.Ps. 1-3 but the complainant found that his right side of the body was not working and it had no sensation. Complainant was discharged on 18.2.1993. He was also given discharge slip. Complainant complained to the O.Ps. that his right side except his right hand was not working, in spite of this he was discharged and asked to use crutches for two months. On approaching the 2nd O.P. in the fourth week of February, 1993, he misbehaved and did not prescribe any curative prescription. Thereafter he went to Orthonova Hospital. It is only during the tests carried out at the Medical Diagnostic Centre, Hauz Khas, that the Doctor after seeing the Discharge Slip told him that his right kidney has been removed during the second operation of which he was not aware of till then, as he had never been told of the fact by any of the O.Ps. Complainant remained admitted in the Orthonova Hospital from 31.5.1993 where he was again operated upon on 1.6.1993 but to no effect. It is alleged that the complainant has become disabled person with paralysis of right side of the body and he is now permanently on crutches. As a result of this he had lost job where he was earning Rs. 3,000/- p.m. He is only 33 years old and had lot of prospects. This all is on account of negligence on the part of O.Ps. 1 to 4 and prayed for award of Rs. 34 lakhs in following manner : 1.Medical expenses incurred by the complainant as directed and demanded by the Doctors of the Healing Touch Hospital, 7/5 Sarvapriya Vihar, New Delhi Rs. 2,00,000.00 2.Dressing/bandages,conveyances and misc. expenses Rs. 2,00,000.00 3.Damages on account on permanent disability, impairment and removal of kidney, sufferings, pains and agony Rs. 20,00,000.00 4.Loss of employment and future career prospective Rs. 10,00,000.00 Rs. 34,00,000.00

(3.) The claim was subsequently increased to Rs. 48,44,082/- on the affidavit filed by way of evidence.