RAJINDER SINGH Vs. ASHOK KUMAR NANDRA

JUDGEMENT

(1.) The petitioners / Complainants have filed the instant Revision Petition under sec. 21 of the Consumer Protection Act, 1986, against the Order dtd. 29/11/2012 passed by the State Consumer Disputes Redressal Commission, Haryana Panchkula (for short, the 'State Commission') in First Appeal No.307 of 2012, wherein the State Commission allowed the Appeal filed by the Respondents/Opposite Parties and set aside the judgement passed by the District Consumer Disputes Redressal Forum, Ambala (for short, the 'District Forum').

(2.) Brief facts that Mr. Talwinder Singh (since deceased, hereinafter referred to as, the 'patient') approached Dr. Ashok Kumar (OP-1) at his Nandra Hospital. After examination, he diagnosed a broken rod (implant) in his right leg. He advised removal of the broken rod and replacement with new implant. On 1/12/2008, the operation was fixed, but it was alleged that the surgery could not be completed due to improper administration of anesthesia and the patient regained consciousness during the procedure. It was further alleged that the OP-1 removed only half of the rod and left remaining portion in the leg. It resulted into further deterioration and bleeding; subsequently, the patient died on next day (2/12/2008). Being aggrieved by the death of the patient, the parents of the deceased, his wife and children filed the Complaint before the District Forum, Ambala.

(3.) The OP-1 denied negligence during the treatment. He submitted that the surgery was performed under spinal anesthesia and the old implant was removed. However, the patient being chronic alcoholic, the new implant could not be inserted during the same procedure. Therefore, surgery was abandoned and the wound was stitched and decided to complete during next sitting. The same was informed to the Complainant's relatives. On the repeated requests of the Complainant to refer the patient to big hospital, the patient was advised to go to PGI or Govt. Medical College Hospital (GMCH) Sector-32, Chandigarh. However, the patient got admitted in GMCH. There, the patient died on 2/12/2008 and the cause of death stated to be 'Chronic Alcoholic Disease' (ALD), Respiratory Failure and Shock.