A. PARAMESHWAR Vs. ASIAN INSTITUTE OF GASTROENTEROLOGY

JUDGEMENT

(1.) The brief facts as set out in the complaint are that the complainant was admitted in the opposite party hospital on 22.11.2006 for treatment of Acute Calculus Cholecystitis (herein after called "ACC') and was a known diabetic mellitus and hypertension patient. The surgery was conducted on 27.11.2006 and a stent was inserted and he was discharged on 3.12.2006. CBD calculus was extracted using a balloon catheter followed by insertion of 7 Fr double pigtail internal biliary stent during the surgery. The complainant submits that there was no mention of plan for removal of the stent. After one month of the operation, he suffered from abdominal pain and visited the opposite party hospital on 3.1.2007, 30.5.2007, 28.9.2007, 4.3.2008, 20.6.2008 and 13.12.2008. He was advised medication, on 24.09.2011 once again he visited OP hospital for severe pain and he was informed that the stent might have been disposed of during the motion. Thereafter, he took treatment from another doctor who informed him that 'double pigtail internal biliary stent still existed and the doctor removed it on 28.9.2011. The complainant alleged that, as the stent was not removed for a period of 4 years and 10 months between 27.11.2006 and 28.9.2011, he had regular pain, it was negligence and deficiency in service by OP, hence filed a complaint before the District Forum and sought compensation of Rs.5 lakhs from OP hospital.

(2.) Based on the evidence adduced, the District Forum allowed the complaint directing the OP to pay compensation of Rs. 2 lakhs together with costs of Rs. 2,000/-.

(3.) Aggrieved by the order of D F , the OP filed the first appeal, which was allowed by the State Commission. Hence, against the order of State Commission, the complainant filed this revision.