SUKHRAJ KAUR Vs. BALKAR SINGH

JUDGEMENT

(1.) On 7.5.2008 Smt. Sukhraj kaur, the complainant (patient) was operated for hysterectomy by Dr. Balkar Singh (OP) at B. S. Hospital, Tehsil Malout, Punjab. After the operation, she had frequent bleeding which did not stop, but she was discharged on 13.5.2008 after prescribing few medicines. Thereafter, she had repeated episodes of bleeding and severe abdominal pain on 26.5.2008, 13.5.2008, 28.5.2008, and 6.6.2008, for which OP prescribed some injections and medicines. The OP Ultrasound, Echo & Colour Doppler study which did not reveal significant findings. The complainants enquired with the OP about possibility of any cut of one artery during operation, thus OP became furious and abused them. Therefore, on 11.6.2008, the patient approached DMC Hospital, Ludhiana, wherein it was diagnosed the cause of bleeding was cut of artery during hysterectomy operation. The uterine artery embolization was done in DMC on 17.62008 and the patient was discharged on 27.1.2008. Over all, patient incurred Rs.1,16500/- expenditure. Hence, patient alleging that, the cut of artery was due to medical negligence of the OP-1. The complainant filed a complaint before the District forum, Sri Muktsar Sahib.

(2.) The District Forum dismissed the complaint, and subsequently the first appeal filed by complainant also dismissed by the State Commission, Punjab. Hence, the complainant filed this revision petition.

(3.) We have heard the learned counsel for the complainant at the admission stage and perused the evidence on the file. The counsel narrated the facts in the complaint. On perusal of evidence, it revealed that the patient was operated by total abdominal hysterectomy with excision right ovarian cyst. The left ovary was normal, hence not removed. Histopathology report was unremarkable. As per the discharge summary, the DMC Hospital clearly recorded that bleeding was due to infection. The complainant appears to be ignorant of medical knowledge. It is very surprising to note that, if the patient had continued severe bleeding due to cut of uterine artery, she will not survive more than a month. Therefore, we do not accept the submission of the petitioner. In this the State Commission clearly observed that, the evidence of Professor Dr.Bishav Mohan, Professor of Cardiology, DMC stated that the bleeding can be by local infection.