CHRISTANAND CHARITABLE TRUST HOSPITAL Vs. TULSHIRAM

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (the 'Act') against impugned order dtd. 29/3/2022, passed by the State Consumer Disputes Redressal Commission, Maharashtra (''State Commission') in First Appeal No. A/15/307. In this Appeal, the Respondent No. 1/ Complainant appeal was partly allowed, thereby setting aside the Order dtd. 9/4/2015, passed by the District Consumer Disputes Redressal Forum, Chandrapur ('District Forum') in CC No. 78 of 2013, wherein the Complaint was dismissed.

(2.) For convenience, the parties in the present matter are denoted as per their positions in the Consumer Complaint before the District Forum. Shri Tulshiram is identified as the Complainant. Meanwhile, Registrar/ Manager, Christanand Charitable Trust Hospital is referred to as OP-1 (Petitioner No. 1 herein), Dr. Vivek Kokne is referred to as OP-2 (Petitioner No. 2 herein), Dr. R Ravi is referred to as OP-3 (Respondent No. 2 herein) and Gupte Cancer Clinic is referred to as OP-4 (Respondent No. 3 herein).

(3.) Brief facts, as per the Complainant, are that the Complainant sought consultation with OP-2, Dr. Vivek Kokne, at OP-1 Hospital. OP-2, a surgeon, recommended an operation to remove a tumour in the Complainant's thigh, assuring him that he would regain proper mobility afterwards. On 7/8/2012, the consent for operation was given by the wife of the Complainant. Subsequently, on 8/8/2012, OP-2 performed the surgery, excising the tumour from his left thigh. However, during the procedure, OP-2 negligently severed the 6 CM sciatic nerve, the primary nerve of the left leg. This resulted in the loss of sensation and mobility in his leg, rendering the Complainant unable to walk unaided. Further, in the OP-2's post-operative notes he failed to mention the severance of sciatic nerve. On 10/8/2012, OP-3, Dr. RR Ravi, a pathologist, provided a test report revealing that the Complainant was suffering from cancer ("Atypical Lipoma favoring well Differentiated Liposarcoma"). Consequently, the Complainant was referred to OP-4, Gupte Cancer Clinic, where cancer treatment was initiated, including chemotherapy. However, it is alleged that OP-4 erroneously reported improvement in sensation in his left leg. The Complainant incurred Rs.3.00 Lakhs expenses for the chemotherapy. Subsequently, due to mobility issues, he took medical advice from Christian Medical College, where a re-examination of the excised tumour tissue revealed no definitive evidence of cancer.