CHITTARMAL SAINI Vs. S.K. SONI HOSPITAL

JUDGEMENT

(1.) The Appellant has filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act'), against the Order dtd. 9/2/2017 passed by the State Consumer Disputes Redressal Commission, Jaipur, Rajasthan (hereinafter referred to as the 'State Commission') in Consumer Complaint No. 28 of 2007, wherein the State Commission, dismissed the Complaint filed by the Complainant (Appellant herein).

(2.) The issue relates to alleged medical negligence that the patient was suffering from Dengue fever, but Opposite Parties wrongly treated the patient for Appendicitis resulted in death.

(3.) The relevant facts to dispose of the instant Appeal are that son of the Complainant Ayush Saini, aged 11 years (since deceased, referred to as the 'Patient') was suffering from fever and abdominal pain. Initially, on 23.11.2005he was taken to a local doctor in village Chomu, but his condition did not improve. On 24/11/2005 he was taken to Jaipur and consulted Dr. S. K. Jain who advised few Blood and urine tests and prescribed medicines. As the patient's condition did not improve, Dr. Jain admitted the patient to OP-1 Hospital. Dr. Bharat Raj Sharma (OP-2) and Dr. K.P.Singh (OP-3) examined the patient and based on the symptoms of fever, abdominal pain, nausea and vomiting, diagnosed it as 'Appendicitis'. It was alleged that Ultrasonography (USG) was not conclusive. The appendectomy was performed on 26/11/2005. During operation, the doctors discovered blood and fluid in the abdomen, but the appendix was not infected. The blood and fluid were drained, and a sample was sent for further investigations, which revealed signs of Dengue. Subsequently, the patient was transferred to the ICU, and started treatment for Dengue. Unfortunately, despite all efforts, the boy succumbed to the illness on 28/11/2005.