K K RADHA Vs. G U SEKHAR

JUDGEMENT

(1.) This complaint is filed under Sec.17 of the Consumer Protection Act claiming compensation to the tune of Rs.2 lakhs for the loss and injury suffered by the complainant as a result of negligence in the treatment of the first opposite party. Subsequently an amendment was filed seeking to enhance compensation to Rs.4,50,000/-.

(2.) The material allegations in the complaint are as follows:

(3.) The complainant was admitted to the B. K. M. Hospital, Payyannur on 21.5.1990 consequent on a fracture sustained on the lower part of her left leg above the ankle. The second opposite party is the Managing Director of the said Hospital. The complainant was examined and treated by Dr. Sekhar, the 1st opposite party at the hospital. In accordance with the opinion given by the first opposite party the complainant's left leg was operated upon by first opposite party on 31.5.90. The left leg was put in plaster. She was discharged on 10.6.90 with an advice to take bed rest for another fifty days. The plaster was removed on 30.7.90 and it was then noticed that in the place where operation was conducted an abscess had developed. The complainant's husband who accompanied her enquired about the same. He was told that the same would disappear gradually and no further treatment was necessary. But on an examination of the X-ray photo taken, it was seen that there were foreign substances left inside the leg. Drill bits were found hanging from a twisted wire with a view to take a second opinion. The complainant's husband took the complainant to an Orthopaedician in Mangalore namely Dr. Usman with a referal letter from Dr. Kochukrishnan who is also a doctor working in the hospital of 2nd opposite party. Dr. Usman examined the complainant on 30.7.90. He advised emergency operation to remove the foreign bodies found inside the leg to save her leg from further damage. The complainant returned to Payyannur with a letter from Dr. Usman to Dr. Kochukrishnan on the same day and he also advised that the complainant may act in accordance with the opinion given by Dr. Usman. Accordingly the complainant was admitted to the S. C. S. Hospital at Mangalore and her leg was operated upon again on 1.8.90 by Dr. Usman. Her leg was again put in plaster and she had prolonged hospitalisation. In the complaint it was alleged that in the treatment given to the complainant, Dr. Sekhar the 1st opposite party was totally negligent. The operation was done in a totally callous and negligent manner. It was also alleged that the complainant's husband was directed to purchase compression plate - 8 holes screws etc. as per a prescription given to this effect in the handwriting of Dr. Sekhar and accordingly compression plate and screws were purchased on 22.5.90 and handed over to him. However the plate and screws were not used and neither the complainant nor her husband was informed anything about it. It was not known what was done with the same. The X-ray film clearly revealed this. The treatment administered on the complainant was totally inadequate. The standard of care and skill expected of a doctor was grossly wanting. Dr. Usman had to remove the extraneous materials which were found inside the leg by operation and the operation was conducted by Dr. Usman was necessitated on account of the negligence of the treatment at the Hospital of the opposite parties.