LEELA G NAIR Vs. K P HARIDAS

JUDGEMENT

(1.) Consumer Complaint No. OP/6/2005 was filed Mrs. Leela G. Nair before the Kerala State Consumer Disputes Redressal Commission. The matter arose out of a surgery performed on the Complainant by OP-1/ Dr. K.P Haridas at OP-2/ Lords Hospital, Trivandrum. It was performed on 1.4.2003 for removal of an ovarian cyst and repair of umbilical hernia. She was discharged on 9.4.2003.

(2.) Within a few days, on 17.4.2003 she was readmitted to OP-2/hospital with complaint of severe abdominal pain and was informed that it was due to gastritic problem. On 19.4.2003 she was discharged with the advice that she should get well in a few days. The problem and resultant suffering continued till investigations at Wockhardt hospital, Mumbai in September, 2003 revealed the presence of a foreign metallic object in her abdomen, which had to be removed in a subsequent surgery performed there on 20.9.2003.

(3.) In reply, OP-1/Dr. K.P.Haridas admitted the fact of surgery on 1.4.2003 and discharge of the patient on 9.4.2003. However, his case was that when she was readmitted on 17.4.2003, it was with symptoms of gastritis and that she had fully recovered when she was discharged on 19.4.2003. The allegation relating to leaving behind a surgical instrument in her abdomen, in the surgery of 1.4.2003, was specifically denied. As per OP-1, no instruments were found missing at Lords Hospital and the needle holder /forcep claimed to have been recovered from the abdomen of the Complainant did not belong to OP-2/hospital.