MANPREET KAUR Vs. LAXMI DEVI

JUDGEMENT

(1.) Brief facts of the case: Smt. Laxmi Devi alias Gudiya, during her pregnancy, slipped and suffered miscarriage on 28.07.2006. Dr. Sudhir Kumar who runs, "JACHCHA BACHCHA KENDRA" checked her and prescribed some medicines for 3 days and referred her to Harmilap Hospital for further treatment but she did not get any relief. On 31.07.2006 the Complainant visited the City Hospital and consulted Dr. N. K. Agarwal who advised Ultrasound and other tests and administered some injections. The husband of the Complainant thereafter took her to Ramakrishna Mission Sevashrama, Kankhal, (in short RMS) as he was not in a condition to afford the costly treatment at the City Hospital. Dr. Madhu Shah attended the Complainant at RMS and after investigation started the treatment. Dr. Madhu Shah, advised the Complainant to consult a lady surgeon. Hence, on 14.08.2006, the patient's husband took her to Dr. (Smt.) Manjeet Kaur-the OP where, she remained under treatment under 19.08.2006. The Complainant's allegation was the OP kept her for first 3 days only on medication which resulted in pus formation in the abdomen. On 16.08.2006 the OP operated her and charged her Rs.10,000/- without issuing any receipt. During the course of stay in the hospital on 18.08.2006, the OP instead of providing bed pan, directed the nurse to take the Complainant to toilet, when, while getting up from the bed with the help of a nurse's support the stiches from the operation got opened and the intestine bulged out. Thereafter, the pus went on increasing and also there was a faecal matter. Thereafter, the OP discharged the Complainant from the nursing home on 19.08.2008; then she was taken to Combined Medical Institute (CMI), Dehradun and was treated by Dr. Mukesh Kumar Gupta and his team by performing 2 operations and discharged her on 28.09.2006. She incurred a cost of about Rs.70,000/- for the treatment. Hence, alleging negligence in the operation and that the wound was not stitched properly, the Complainant filed consumer complaint before the District Forum in Haridwar and prayed for compensation, of Rs.4,70,000/- with interest @ 12% p.a., and Rs.10,000 towards litigation.

(2.) The District Forum, allowed the Complainant and directed the OP to pay a sum of Rs.1,52,000/- against the medical expenses, fees, physical & mental agony and cost of litigation. Aggrieved by the order of the District Forum the OP filed an Appeal before the State Commission.

(3.) The State Commission partly allowed the appeal and modified the order passed by the District Forum by reducing the amount of medical expenses and compensation from Rs.1,52,000/- to Rs.62,000/-.