DR. VED PRAKASH YADAV Vs. NIHAL SINGH

JUDGEMENT

(1.) ON 17 -2 -2005, the Respondent/Complainant came to the Petitioner/Respondent with severe pain in the abdomen. He brought with him an X -ray and an ultrasound report advised by another doctor. On the basis of those reports the complainant was diagnosed as a case of peptic ulcer, which had perforated and caused peritonitis and needed immediate life -saving surgery. The diagnosis and proposed surgical treatment and its urgency and likely outcome were explained to him and he gave informed consent for surgery. Surgery was performed under anesthesia given by a qualified anesthetist. The duodenum was found to be perforated. There was pus in the abdomen. The perforation was surgically closed. The pus was removed. The operation was successful and the Complainant 's life was saved. He was discharged from the Hospital on 26.02.2005 in a healthy condition. A modest fee of Rs.10,000/ - was charged for various services from 17.02.2005 to 26.02.2005; Surgeon 's fee; Anesthetist 's fee; OT charges; medicines and disposables.

(2.) THE complainant came for follow up review on 29.02.2005 and again on 04.03.2005 when stitches were removed. His condition was healthy. He had no complaints.

(3.) THE District forum on appraisal of pleadings of parties and evidence on record dismissed the complaint. Against the order of District Forum complainant filed an appeal No 49/2008 before State Commission