NEHRU HOSPITAL Vs. BHIWANI DUTT

JUDGEMENT

(1.) These two appeals arise from an order passed by the State Commission on 26.2.1998 on a complaint filed by Mr. Bhiwani Dutt (appellant in FA No. 163 of 1998) against the Nehru Hospital, Post Graduate Institute of Medical Education and Research, Chandigarh (PGIMER) (appellant in FA No. 139 of 1998 and respondent Nos. 2, 3 and 4 in FA No. 163 of 1998).

(2.) Very briefly facts leading to filing this complaint were that the complainant Bhiwani Dutt approached the PGIMER on 14.10.1995 with severe pain in stomach, where he was examined and treated in the emergency ward. It was the case of the complainant that during the treatment being given by the opposite parties before the State Commission, he started experiencing internal burns in the entire lower portion of the left arms. He also gradually lost sensation. It was his case that on his inquiry, he was told that it happened when glucose was administered on his left hand. On 13.11.1995, the complainant was examined by the Neurology Department of PGIMER and it was reported that Ulnar Nerve could not be stimulated at any point, indicating severe damage to this nerve. The complainant approached the hospital time and again but he did not get any relief. The complainant who was a mechanic in Ordinance Cable Factory at Chandigarh has lost his capacity to earn as his left hand fails to hold anything. Thus, alleging medical negligence a complaint was filed before the State Commission. The case was contested by the opposite parties, namely, appellant and the respondents in FA No. 163/1998. The State Commission after hearing the parties and perusal of material on record held the Nehru Hospital guilty of medical negligence and directed the hospital to pay a sum of Rs. 1.25 lakh as compensation along with cost of Rs. 5,000. In case this payment is not made within a period of one month it was to carry interest @ 18% p.a. Aggrieved by this order these two appeals have been filed by both the parties before us. While the Appeal (FA No. 139/1998) filed by the Nehru Hospital is for setting aside the order of the State Commission, the prayer in the appeal of the complainant (FA No. 163/1998) for enhancement of compensation.

(3.) We heard the learned Counsel for both the parties and perused the material on record. There is no dispute that the complainant approached the appellant hospital on 14.10.1995 with complaint of stomach pain and he was treated in the Emergency/Surgery Department, where he remained till 18.10.1995. On 18.10.1995 an ultrasound was done of the complainant. It was suggestive of complainant having 'Amoebic Liver Abscess'. It was only on 19.10.1995 that a 20 gauge needle was used for Aspiration Liver Abscess. It was the case of the opposite parties before the State Commission as per the written version as also in the affidavit filed by them, that the procedure of draining Liver Abscess was through a direct puncture and since the Liver is on the right side of the body of the abdominal cavity, the needle for aspiration could not cause damage to the left arm. We have also seen the affidavit filed by the opposite parties and their cross-examination. Nothing to the contrary has been shown to us that the above facts are not correct.