RITU GARG Vs. VINEET SHARMA AND ORS.

JUDGEMENT

(1.) For the reasons detailed in the application for condonation of delay we condone the delay of 45 days.

(2.) The petitioner/complainant-Ritu Garg's son, aged about 7 years old (herein referred as "patient"), suffered injury to his right elbow while playing in the school. She took her son to OP1, Dr. Vineet Sharma. The x-ray was taken outside, shown to OP1 but he did not evaluate it properly and did not check the injury. He merely advised bed rest for three to five days and put a slab as well as limb elevation/active finger movement along with pain killers. After a week the pain in the arm did not reduce. She again visited OP1. He removed the slab and crape bandage was applied. He further continued the pain killers. Even after one month there was no change in the condition of patient. Hence, she again contacted OP1 on 06.08.2011, who took x-ray at his own clinic. OP1 did not disclose anything regarding seriousness of injury. The OP1 misbehaved with the complainant and spoke rudely with her and her husband. Thereafter, suspecting malafide, the complainant took second opinion from Dr. S.P. Singh, who disclosed that, because of delay in treatment of subluxation of elbow joint the condition became worst. He referred the patient to Dr. S. Ravjeet who opined the same and further referred the patient to Government Medical College & Hospital, Chandigarh (GMCH-32) or PGI. The surgery was performed at PGIMS, Chandigarh. Therefore, alleging medical negligence, the complainant filed a complaint before the Chandigarh District Forum.

(3.) In the District Forum, one Member gave dissenting order that there was no deficiency in service and negligence. The District Forum partly allowed the complaint on majority basis and held the OP1 guilty of negligence and awarded compensation of Rs.50,000/- against the OPs, jointly and severally, along with costs of Rs.10,000/- towards litigation expenses.