J.S. AHLUWALIA Vs. FORTIS HOSPITAL

JUDGEMENT

(1.) The First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act') against the order of the State Consumer Disputes Redressal Commission, Punjab (in short, the 'State Commission') in CC No. 13/2016, whereby the Complaint was dismissed.

(2.) Briefly, the Complainant Lt. Col. (Retd.) J. S. Ahluwalia, an ECHS beneficiary for his knee problem consulted Dr. Harsimran Singh and the Head of Dept. - Dr. Manuj Wadhwa of Joint Replacement Unit of Fortis Hospital, Mohali, on 15/2/2011. His both the knees were in bad condition and needed replacement. Dr Manuj Wadhwa, strongly recommended that Trumatch (custom knee solutions) and special implant of US technology would be most suitable for the complainant being a sportsman. The complainant was categorically told by Dr.Manuj Wadhwa that the special implants will be custom-built for his knees and imported from abroad in accordance with exact his knees' measurements. He further assured that only such implants are capable of correcting his knees deformity and will improve his mobility and giving a good quality of life. After the surgery the complainant would be able to sit, dance and walk comfortably besides its other long time benefits for the complainant. It was alleged that in North India wide publicity was made by the OP hospital about the facility started for 4th Generation Knee Joint Implant (custom knee solution and special implant). The complainant and people were allured by the statements of OP- 3 as appeared in the newspapers. Therefore, he approached Fortis Hospital, Mohali as an empanelled hospital with the ECHS and underwent the surgery for replacement of both the knee joint with TRUMATCH (custom knee solution and special implant) on 12/8/2011 and discharged on 18/8/2011. The total cost of said surgery was Rs.4,19,830.00 out of which Rs.3,48,212.00 made by the ECHS and the balance Rs.1,17,330.00 paid by the complainant. At the time of discharge the respondents demanded an extra amount of Rs.30,000.00 which he paid under protest.

(3.) On 25/8/2011 at the time of removing the stitches the complainant noticed that his right leg joint alignment was not correct and he immediately complained about it to Dr. Manuj Wadhwa, who after examination, advised and assured the complainant that with physiotherapy and exercises his right leg joint alignment will get corrected and the pain/burning sensation of left leg will disappear. The complainant underwent Physiotherapy for about six months by and paid Rs.300.00 per visit. However, there was no improvement. On consultation with Dr. Manuj Wadhwa, he advised to continue with physiotherapy, exercises, regular walk and assured his mobility and alignment would improve in due course of time. However, at the end, the Fortis hospital authority failed to rectify the said problem and the pain and mental agony continued. On 13 -7-2013 and 5/7/2014 the complainant again visited OP hospital and Dr. Harsimran Singh Senior Orthopedic Surgeon again advised certain medicines for sixty days. The problem persisted and he again visited the Fortis Hospital on 13/03/2015 and Dr. Harsimran Singh after examining him advised second surgery is required for the left leg whereas the second surgery on the right leg will not be helpful to correct the defect of alignment of right leg. Due to alleged medical negligence of OPs the complainant now was virtually crippled .The OPs are thus guilty of unfair trade practice and inducing him to pay huge amount without delivering the results as promised by them. The complainant was a retired Defence Officer and a Sportsman of National Status. The said TRUMATCH (custom knee solution and special implant) surgery has been stopped by the Ops. It was alleged that that Dr. Manuj Wadhwa in connivance with Fortis hospital authority had imported few trial joint of TRUMATCH (custom knee solution and special implant) and implanted one of the said trial knee joints for the complainant. The OPs in contrary to the false representations and assurances and the improper surgery done by Dr. Manuj Wadhwa which has resulted in the lifelong deformity of Right Knee due to incorrect alignment and the wrong placement of the Left Knee which is causing unbearable pain and burning sensation to the complainant resulting in mental agony and harassment. It was an utter disregard and violation of medical ethics and if the said fact is proved, then the US company is also required to be penalised.