NITU KUMARI Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present complaint under Sec. 21(a)(i) of the Consumer Protection Act, 1986 has been filed against the opposite parties - doctors for medical negligence and deficiency in service during treatment of complainant no. 1 during her operation by OP-1 and subsequent reports Complainant No. 1 was working as block teacher before her treatment with the OPs. On 5/12/2013 for the first time complainant no. 1 went to Kumar Nursing Home of OP-1 with her husband for treatment of abdominal pain. Appendix was diagnosed by the doctor with assurance to cure it through medicines. Complainant no. 1 got relief for her abdominal pain for three months but when she again felt the same on 7/3/2014, she went to Dr. Vijay Kumar, OP-1 at Kumar Nursing Home for treatment. She was advised for surgery of appendix and was called for the same on 12/3/2014, on which date, without any pathological or radiological tests her surgery was performed within three hours of her admission in the Nursing Home. Surgery was performed by OP-1 doctor along with his OT Assistant but the cut out portion of the appendix was never shown to complainant no. 2. OP-1 doctor called complainant no. 2 after surgery informing him that the appendix and tubectomy of the complainant no. 1 was done and as there was a hole in the intestine, the same was also operated and stitched. Two days after the surgery, when complainant no. 1 developed severe abdominal pain and high fever with chills, her husband asked OP-1 to examine her thoroughly. OP-1 doctor assured him that it was normal surgical pain and surgical fever and there was nothing to worry about the same. Finally on 20/3/2014, complainant no. 1 was discharged from the Nursing home prescribing some medicines to be taken up and no other documents except medical prescription were provided to them. Complainant no. 2 again took the patient to Kumar Nursing Home on 23/3/2014 for treatment of a wound which developed in the pelvic region of the patient where the operation was done. OP-1 doctor examined her in OT and operated the wound and bandaged it. On 28/3/2014 the patient again felt abdominal pain and fever with chill but was sent back by OP-1 doctor by prescribing Zirodol tablet. However, every now and then she had to face the same pains and fever. On 10/5/2014 complainant no. 1 again felt the severe abdominal pain with nausea and vomiting and complainant no. 2 took her to Kumar Nursing Home of OP-1 for medical check-up at 8.30 PM. She was admitted in the nursing home and was administered various medicines through IV fluids and it was said to be simple gaseous disorder in abdomen. On 11/5/2014 when condition of complainant no. 1 became serious, x-ray of her abdomen was done. OP-1 doctor after seeing the x-ray report, told that everything was normal and that best treatment was being given to complainant no. 1. Complainant no. 2 seeing the critical condition of his wife got her discharged from nursing home on 12/5/2014 at 9 AM to be taken to some other doctor for treatment.

(2.) Being aggrieved by the immoral behaviour of the opposite parties, complainant no. 2 filed a case against OPs 1 to 3 on 21/8/2014 before Ethics Committee of M.C.I., New Delhi, which referred the same to Registrar B.M.R.C., Patna. But no former order or instructions have been passed by B.M.R.C., Patna till date even after sending several reminders to the Registrar of B.M.R.C., Patna.

(3.) On 5/5/2016 complainant no. 2 filed an application against OPs 1 to 3 and OT Assistant of OP 1 before S.P., Begusarai but the same was set aside on the basis of report dtd. 28/5/2016 of 'no negligence' received from the Civil Surgeon, Sadar Hospital, Begusarai. Complainant no. 2 filed an application under RTI dtd. 14/10/2016 asking for attested copies of complete medical expert opinion. Legal Notices dtd. 18/7/2014 and 31/1/2015 sent to OPs 1 and 2 have not been replied by them. On 2/2/2018, 8/2/2018 and 30/3/2018 complainant no. 1 was brought to Deepak Kumar Clinic, Begusarai, Paras Hospital, Patna and Palika Vinayak Hospital, Patna respectively for medical check-up of abdominal pain and burning, who after thorough examination of patient and previous test reports, concluded the same to be Crohn's disease and prescribed some medicines and was advised to live in care and caution.