SUNEEL SINGH Vs. NISAT HOSPITAL

JUDGEMENT

(1.) This Order shall decide both the Appeals arising out from the impugned Order of the State Consumer Disputes Redressal Commission, U.P. ("State Commission') dtd. 10/7/2014 in CC No.126 of 2001 partly allowing the complaint.

(2.) For convenience, the parties are referred as to per the Complaint before the State Commission. Mr. Suneel Singh is referred as the Appellant/Complainant in FA No.461/2014 and Nishat Hospital is referred as Opposite Party No.3 (OP-3), deceased Dr. Shariq Kamal is referred as OP-2 and Poly Care Nursing and Maternity Home is referred as OP-1. Both the Appeals are being disposed of by this common order.

(3.) Brief facts of the case, as per the Complainant, are that the Complainant met with an accident on 16/5/1997 involving a mini rice plant machine, sustaining fractures in both legs. He initially received first aid at District Hospital, Lakhimpur, and was referred to Lucknow, where he was admitted to Poly Care Nursing and Maternity Home (OP-1) under the treatment of Dr. Shariq Kamal (OP-2). It is alleged that Dr. Kamal failed to conduct proper investigations, neglected to diagnose a spinal fracture, and performed incorrect surgical procedures including unqualified plastic surgery, leading to serious infections and improper healing of leg fractures. The use of non-sterile instruments allegedly worsened the infection. Further, an Illizarov fixator was fixed by Dr. Kamal despite lacking the requisite expertise. The Complainant contended that due to the said negligent treatment, he became 75% handicapped and had to undergo further surgeries at Raj Nursing Home and King George Medical College, incurring significant expenses. Subsequently, the Complainant was admitted to Nishat Hospital (OP-3) under Dr. Tauseef Ahmad, who, it is alleged, despite being a physician and not an orthopaedic specialist, undertook treatment without proper consultation. The Complainant alleged continued mismanagement including premature removal of the fixator, improper plastering, and failure to detect spinal injury. He claimed continued suffering, ongoing treatment, and financial loss due to the negligence of OP-3. Being aggrieved, he filed the complaint before the State Commission seeking compensation of Rs.80,000.00 towards medical expenses, Rs.10,00,000.00 for treatment of spinal fracture, Rs.7,00,000.00 for loss of income, expenses incurred, and loss of education of his children, along with Rs.2,00,000.00 as compensation for mental agony, gross medical negligence by the opposite parties.