MEENAKSHI A N Vs. BALA DEVI

JUDGEMENT

(1.) This order shall decide three revision petitions. For the sake of convenience the parties are placed in same rank as in the complaint that is, Bala Devi is the complainant, the Noida Medical Centre as (OP-1), Dr.Ajay Aggrawal(OP-2) and Dr.Meenakshi A.N. as OP-3. The facts are taken from the RP No. 4469 of 2014.

(2.) Briefly stated, the facts of the case are that the complainant, Smt. Bala Devi ( a patient herein) was suffering from abdominal pain, backache and menstrual problems. She consulted Dr. Ajay Aggarwal, the OP-2, who, after thorough investigations, diagnosed it as Cystic mass in the pelvic cavity of patient. She got admitted in Noida Medicare Centre Ltd.(OP-1) on 18.9.2006. Dr. Ajay Aggarwal (OP-2) and Dr. Meenakshi A.N.(OP-3) assured the patient that it will be a small operation for removal of cyst only and it will cost only Rs.40,000/- to Rs.50,000/- The OP-3 performed operation on 21.9.2006, but resulted into the intestinal injury which was not noticed by OP-3. Therefore, patient had developed abdominal distension and could not pass flatus and stools. Subsequently, the patient was operated for the second time, again, on 30.9.2006 and 16.10.2006. The complainant alleged that, OP-2 and 3 concealed the serious condition of patient from relatives, and refused to discharge her or to take second opinion or referral to some other hospital. OPs did not issue the entire medical record to the relatives at the time of discharge. The patient was discharged on 26.10.2006, after conducting 3rd exploratory laparotomy operation by OP-3, while keeping several holes with tubes attached to the abdomen. The complainant incurred total expenses of Rs.6,23,000/- plus Rs.1,00,000/- miscellaneous expenses for medicine etc., thereafter, she took treatment at Metro Hospital on 21.2.2007, and incurred further expenses at about Rs.88,000/-. Therefore the complainant alleged that due to negligence of OP-1,2 and 3, she suffered physically , mentally and lost her lifetime earnings. Hence filed a complaint before the District Forum, G.B.Nagar claiming total compensation of Rs. 16 lakhs.

(3.) The District Forum allowed the complaint and directed the OPs to refund the amount of Rs.2,40,000/- received from the complainant and pay Rs.1,00,000/- for mental agony, Rs. 1,00,000/- for physical pain and Rs.5,000/- for litigation expenses. The complainant is entitled for 6% simple yearly interest on this amount from the date of complaint.