VIDYA DEVI Vs. JATINDER CHADDHA

JUDGEMENT

(1.) The Petitioner/Complainant, Vidya Devi,(hereinafter referred to as "patient") who was suffering from pain in abdomen approached Dr. (Mrs.) Jatinder Chaddha (OP-1), on 25.01.2008, who, advised some medicines, but the Complainant got no relief. Thereafter, on 26.01.2008, an operation was performed (Uterus) on Complainant and she was sent home, on 05.02.2008. Again, after one week i.e. on 12.02.2008, the Complainant started getting pain in abdomen and was taken to the hospital, in a serious condition. She was again operated and later discharged on 14.02.2008, with an advise to take medicines. But, again on 22.02.2008, she had pain for which she consulted OP-1, who, prescribed medicines and assured her of total relief but, there was no relief. Hence, OP-1 referred her to PGI, Chandigarh, without giving any previous records. The doctors at PGI Chandigarh, informed the patient that due to improper treatment, operation was performed by OP-1. Due to anticipated huge expenses at PGI, which, the Complainant couldn't afford it, got discharged from PGI, Chandigarh, and was shifted to MAMC, Ambala. The doctors there, informed her that the problem aggravated due to the negligence of OP-1. She was examined and thereafter sent to Dr. Chaturvedi at Cancer Hospital, Gorakhpur. Dr. Chaturvedi opined that due to wrong treatment by OP-1 there were chances of occurrence of Cancer. The husband of the Complainant incurred an expenditure of Rs.12,00,000/- on her treatment. Hence, alleging negligence and deficiency in service by OP-1, the Complainant filed a complaint before the District Consumer Disputes Redressal Forum (in short, 'District Forum').

(2.) The District Forum, relying upon the Principles of medical negligence laid down by Hon'ble Supreme Court in case titled Kusum Sharma and Ors. Vs. Batra Hospital & Medical Research Centre and Ors., 2010 CTJ 241, dismissed the complaint.

(3.) First Appeal No.318/2013 was filed by Complainant before the State Consumer Disputes Redressal Commission (in short, 'State Commission') which was also dismissed.