MUMTAJ ANSARI Vs. ZUBEDA

JUDGEMENT

(1.) This is an appeal against the order dated 24.2.2004 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant was allowed and the appellant was directed to pay a compensation of Rs.1,00,000/- to the complainant and cost of Rs.1,000/-.

(2.) The brief facts of the case are that the complainant was suffering from gall bladder stone, which was treated by the opposite party Dr. Mumtaj Ansari. The opposite party advised for operation for removing the stone from the gall bladder. The complainant was admitted in the nursing home of the opposite party for operation. The complainant deposited a sum of Rs.20,000/- for various tests and operation. The complainant remained hospitalized in the nursing home of the opposite party from 18.7.2002 to 1.8.2002 but after operation she suffered from jaundice. Because of the fact that the condition of the complainant was not improving, the opposite party referred her for Meerut. After discharge from the nursing home, the complainant took the second opinion of Dr. R. K. Singh, who advised for ultrasound and other tests, in which the complainant spent a sum of Rs.5,000/-. On 2.8.2002, on the advice of opposite party, the complainant was shown at Meerut. There also various tests and ultrasound were conducted. On the basis of which, it was informed to the complainant that her operation has been done negligently. Along with the operation of gall bladder, the CBD (Common Bile Duct) has been cut down, due to which the Bismuth Level-3 has developed, which stopped the process of digestion of food and due to which the jaundice was caused. From the ultrasound report of United Scan dated 2.8.2002, it came to know that the CBD was only 6 mm. After that she was immediately admitted in Neelkamal Nursing Home for the operation of CBD, in which about a sum of Rs.50,000/- was spent. These expenses were incurred due to the negligence of the opposite party. The complainant filed the prescription of Mumtaj Nursing Home, report of Surya Diagnostic Centre, Kashipur, report of Meerut Scan Centre in support of her allegations.

(3.) The opposite party filed written statement and admitted the operation of the complainant and also admitted that there was stone in the gall bladder but denied the taking of Rs.20,000/-. It is also admitted that the complainant was referred to Meerut because it was in the interest of the complainant. The other allegations of the complaint have been denied. It is alleged that the cutting of CBD is a well-known complication in the operation of gall bladder and there are 30% cases of this type. The operation was done with full care. There is no deficiency in service. Before operation, the risks of operation were informed to the complainant.