B N RAJESH Vs. MADAPPA

JUDGEMENT

(1.) In this case a patient was made to undergo four surgeries for removal of kidney stone where a single simple surgery would have been sufficient, due to negligence of the doctor while conducting the first operation.

(2.) This appeal is by the appellant (hereinafter referred to as the "complainant") challenging the order of the District Forum dismissing his complaint.

(3.) The facts of the case are as follows : The complainant approached respondent No. 1 (hereinafter referred to as "O.P. 1") on 23.1.2002 with the complaint of stomach pain. O.P. 1 on clinical examination advised the complainant to go for scanning and, accordingly, the complainant subjected himself for scanning and thereafter showed the scanning report to O.P. 1. O.P. 1 on examining the scanning report informed the complainant that he has to undergo operation, since a stone was formed in his kidney. Accordingly, the complainant got admitted to O.P. 2 Hospital. After the admission, O.P. No. 1 conducted the operation on 26.2.2002 and said to have inserted a 'D.J. Stent . After three days, the complainant was asked to go for X-ray and, accordingly X-ray was taken. On going through the X-ray, again O.P. 1 informed the complainant that there is still residue of small stone in the kidney and advised him to go for second operation and, accordingly, the second operation was conducted on 5.3.2002. Thereafter, the complainant was discharged on 8.3.2002. Again on 1.4.2002, the complainant met O.P. 1 who advised for urine test and, accordingly, on 4.4.2002 urine test was conducted. But the complainant in spite of the two operations did not get any relief as the stomach pain was persisting. Again, the complainant approached O.P. 1 on 15.9.2003. O.P. 1 on examination advised the complainant to go for scanning which the complainant did. After examining the scanning report, O.P. 1 again advised the complainant to go for a third operation stating that there was pipe in the stomach, which was not removed during the earlier operation. In view of the said advise, the complainant got admitted to O.P. 2 Hospital on 17.9.2003. After the admission, O.P. 1 conducted the third operation on 26.9.2003 and informed the complainant that the pipe that was inserted has been removed and he was discharged on 28.9.2003. Thereafter, as there was again severe stomach pain, the complainant approached Sanjo Hospital at Mandya on 7.10.2003. On the advice of the doctor in the said hospital, a scanning was conducted on 8.10.2003 at Ramakrishna Scanning Centre at Mandya. After going through the scanning report, Dr. S.K. Venugopal of Sanjo Hospital informed the complainant that there was a pipe in the stomach and advised him to go for an operation for removal of the pipe. Accordingly, the complainant was admitted to the said hospital on 21.10.2003 and he was operated on 22.10.2003 by Dr. Venugopal and in the said operation, the doctor has removed the pipe and gave the same to the complainant and, thereafter, on 25.10.2003 the complainant was discharged from the said hospital. According to the complainant, all the subsequent operations which he had undergone were due to the negligent way of conducting the first operation by O.P. 1 in O.P. 2 Hospital. Therefore, the complainant filed complaint before the District Forum for a direction to the O.Ps. to pay compensation of Rs. 3,00,000 with interest at 18% per annum.