LALITA RAMESH JAIN Vs. TALESARA HOSPITAL

JUDGEMENT

(1.) THIS is the First Appeal filed under Section 19 of the Consumer Protection Act, 1986 by the appellant / complainant against the order dated 13.04.2012 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as 'State Commission ') in complaint case No. CC/08/118, vide which the complaint alleging medical negligence on the part of the respondents/opposite parties was ordered to be dismissed.

(2.) BRIEFLY stated, the facts of the case are that the appellant/complainant, who is a lady aged about 38 years was hit by a two -wheeler at the Dapoli, Pune, fracturing her right hand. The complainant had severe pain and swelling and she was admitted for treatment at the hospital/Respondent No.1 where she was treated by Doctor/Respondent No.2. On 26.07.2006, the respondent No.2 performed surgery on the right hand of the appellant with the help of some other Doctors with the intent to re -join the fractured bones in the right hand. She was told that the surgery was successful and her right hand shall become normal after some time. It has been alleged by the complainant that even after surgical intervention, the pain and swelling on the right hand neither stopped nor were reduced and she was still in pain and agony, but she was discharged from the hospital on 03.08.2006. She was asked to visit the hospital on subsequent dates for post -operative care and she kept on visiting the hospital and taking the medicines as advised by the opposite parties. The complainant has stated that after much painful suffering and agony, the pain subsided and the plaster was removed, but she found that she could not use her right hand for any purpose. The complainant then got herself examined by another Doctor, who stated that the fractured bones of the right hand of the complainant were not aligned properly before putting the plaster on her hand, and as a result, the fractured ends got fused together in an abnormally twisted manner. She visited some other Doctors as well, who gave the same opinion, stating that nothing could be done to reverse the damage. It was therefore, a case of medical negligence on the part of the opposite parties, because had they taken proper X -ray etc., to see if the bones had been set properly, they could have discovered the real picture about alignment of bones. The complainant then filed the complaint, claiming compensation of Rs. 28.20 lacs, but the same was dismissed by the State Commission vide impugned order.

(3.) HEARD the learned counsel for the parties and examined the record.