ASHOK KUMAR Vs. AGADI NURSING HOME

JUDGEMENT

(1.) In this complaint, the complainant a minor boy about 8 to 9 years old, filed through his father- C. W.2, has sought compensation in a sum of Rs.3,50,000/- from the Opposite Parties; Opposite Party No.1 Nursing Home and Opposite Party No.2 an Orthopaedic Surgeon, who had treated fractured left hand elbow of the boy alleging that both the Opposite Parties had committed negligence in diagnosing and treating the patient.

(2.) The boy, Ashok Kumar sustained a fracture of his left hand elbow on 16.4.90 at Madikeri. On the same day he was treated at Madikeri Hospital and the complainant came to Bangalore on the next day on 17.4.90 along with his father and consulted Opposite Party No.2 in the Nursing Home of Opposite Party No.1. Opposite Party No.2 took the X-ray photo of the left hand elbow, as per Ex. C 1, and found it fractured and so advised to undergo a setting of the said fractured left hand elbow. The complainant agreed for the same and on the same day Opposite Party No.2 under general anasthesia reduced the fracture and set the fracture. Subsequently, after reducing the fracture, took another X-ray, as per Ex. C 2; it revealed that the left elbow fracture was well set and then he put the left elbow in plaster and provided a sling.

(3.) It is the further case of the complainant that this treatment rendered by the Opposite Party No.1 did not relieve from the elbow pain and he did not find any improvement.