N.K. JAIN Vs. S.C. GUPTA

JUDGEMENT

(1.) The brief facts of the case are that the complainant suffered chest pain on 19.11.1997 and consulted the OP/Dr. A.K. Jain, who took ECG and prescribed few medicines. Again on 22.11.1997, he went to OP who again advised antibiotics, anti -allergic and multivitamins. After six months, on 10.6.1998, the complainant suffered chest pain and he went Dr. R.K. Saran, King George Hospital, who advised strict bed rest, but the complainant got himself admitted in Sanjay Gandhi Post Graduate Institute of Medical Sciences (hereinafter referred as 'SGPGI'), Lucknow from 11.6.1998 to 27.6.1998. The doctors at SGPGI examined the ECG, which was taken by OP on 19.11.1997, that he suffered from Inferior wall myocardial infection (IWMI), which was not thrombolised that time. Finally, the complainant went Apollo Hospital, Hyderabad and underwent Coronary artery bypass graft surgery (hereinafter referred as 'CABG') on 2.7.1998. Therefore it was negligence by the OP who failed to read ECG and was unable to diagnose IWMI on 19.11.1997 which was further not thrombolised on the same day. The doctors at SGPGI and Apollo Hospital have also opined negligence on the part of OP 1. It was further alleged that, the OP -1 was MD Physiology, he was neither a qualified Cardiac Surgeon nor Cardio -physician to advise him any treatment. Thus, the complainant alleged that due to negligence of OP -1, he filed a complaint before the District Forum on 17.11.1999 and prayed for a compensation in the sum of Rs. 3,00,000/ - on account of expenditure incurred in the operation and Rs. 1,00,000/ - towards the mental agony, pain and torture suffered by the Complainant with sum of Rs. 5,500/ - as costs with interest @ of 18%.

(2.) The District Forum by its order on 27.07.2007 allowed the complaint and directed the OP/Doctor to pay a sum of Rs. 2,50,000/ - to the complainant.

(3.) Against this order, the OP preferred a first appeal before the State Commission, which was dismissed on 07.05.2010. Hence, the OP approached this Commission through this revision petition.