JOSEPH GEORGE Vs. M R VIJAYAKUMAR MAVELIL

JUDGEMENT

(1.) "Doctors in complicated cases have to take chance even if the rate of survival is low. A doctor faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act," said Hon'ble Supreme Court , a Bench comprising Justices Dalveer Bhandari and H S Bedi , dismissing a complaint Kusum Sharma Vs Batra Hospital and Medical Research Centre here.

(2.) AGGRIEVED by the order of the District Forum, the Insurance Company (O.P. -5) and Dr. T.A. Abraham (O.P. -2) filed the First Appeals before the Kerala State Consumer Disputes Redressal Commission Vazhuthacaud, Thiruvananthapuram. The State Commission dismissed both the appeals and imposed costs of Rs. 2,000/ - towards appellate proceedings. Hence, aggrieved by the State Commission order, Dr. Joseph George, Managing Director of the Hospital (O.P. -4) filed this Revision Petition.

(3.) HEARD the counsel for both the parties. Counsel for the complainant vehemently argued that both the Fora have confirmed the findings and allowed the complaint. There is no apparent error in both the orders. Counsel for O.P. Doctor vehemently argued that the complainant mis -conceived about infection of Hepatitis B through infected surgical instruments, and by the un immunized doctor or nursing staff of the hospital who attended him during treatment. Hence, the complainant filed the complaint on mere assumption only. Dr. Joseph George (O.P.) -4), who treated the complainant with utmost care and caution, has taken all aseptic precautions, the wound was cleaned and suturing was done under local anesthesia. He was under proper medication and after healing of scalp wound, he was discharged on 24.04.2001. The patient was reviewed on 27.07.2001. He was perfectly alright. Counsel for the OP also submitted that the instruments, gloves used for surgery were regularly sterilized as per standard procedure. They used only disposable needles and syringes. There was no blood transfusion given to the complainant. Hence, the allegation about HBsAg infection caused by surgical treatment will not sustain. Counsel also submitted that all the staff including doctors are immunized for Hepatitis B.