JAVEED Vs. MANAGER/OFFICER-IN-CHARGE

JUDGEMENT

(1.) This first appeal has been filed by Javeed, Appellant herein and original complainant before the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (hereinafter referred to as the State Commission) being aggrieved by the order of that Commission which had dismissed his complaint of medical negligence against Manager/Officer-in-charge, C.S.I. Rainy Hospital, Respondent herein.

(2.) Appellant, who was around 6 years old at the time of filing the complaint before the State Commission, was admitted to Respondent hospital with complaint of temporary Inguinal Hernia (R) and after diagnostic tests, confirming that he was suffering from Inguinal Hernia (R), he was operated on 12.08.1989. However, instead of operating on the Right side, Appellant was operated for Left Inguinal Hernia and Hernitomy. This mistake was noted by the main doctor of the hospital and after his discharge on 26.08.1989 he was advised to come back in September, 1989. Appellant's father, therefore, got him back on 07.09.1989, when he was informed that an operation is required on the Right Inguinal Herniatomy. His father refused to get another surgery done and he was taken to Maharaja Hospital, Chennai, where after a medical check-up he was informed by Dr. A.P. Subramaniam that Respondent had made a mistake in conducting the first surgery on the Left Inguinal Hernia. Being aggrieved by the medical negligence on the part of Respondent, Appellant filed a complaint before the State Commission and requested that Respondent be directed to pay him Rs.1,50,000/- as compensation.

(3.) Respondent on being served denied these allegations and stated that Hernia in children are often bilateral, as is in the instant case. Since it is well established that surgery cannot be done on both sides at the same time, Appellant's parents were informed that both sides would have to be operated through two separate surgeries, which they had agreed. At the operation theater, the doctor conducting the surgery noted that the left side scrotum was bulging more and, therefore, it was necessary to conduct an operation on the Left side first, about which the Appellant's mother, who was waiting outside the operation theater, was duly informed. The surgery was successfully conducted and after the wound was sutured on 26.08.1989 Appellant was discharged and was asked to come back for the second surgery in September, 1989 during school vacations. In the meantime, Appellant was administered medicine and injection for the second surgery. However, when the Appellant was readmitted for repair of the Right side Herniatomy, his father for reasons best known to him got him discharged without waiting for the surgery. It was specifically denied that the Appellant's parents were informed that surgery was required only on the Right side. Thus, there was no medical negligence on the part of the Respondent.