V SHANBHAG Vs. SHANKAR

JUDGEMENT

(1.) For the sake of convenience the parties in this order are referred to according to their position in the complaint filed before the District Forum.

(2.) This appeal is by opposite party (for short, "O.P.") No. 1 challenging the order of the District Forum directing the O.Ps. to pay jointly and severally a sum of Rs. 1,20,000 with cost of Rs. 2,000 to the complainant. The case of the complainant is that he was admitted to O.P. 1 Hospital in the night of 4.10.1997 for treatment as he had suffered fracture of left elbow in a road accident. O.P. No. 1 examined the complainant on 5.10.1997 and advised X-ray and, accordingly, X-ray was taken on 5.10.1997. Thereafter, O.P. 1 conducted an operation on 6.10.1997 and in the course of the operation, a 'K' wire was inserted in order to place the fractured bone in its right position. But the insertion of 'K' wire was done negligently, which ultimately gave rise to another corrective operation on 7.10.1997. Even then, the complainant could not get any relief. Therefore, a third operation was conducted on 9.10.1997 at Kasturba Hospital, Manipal. On these facts, it is contended by the learned Counsel appearing for the complainant that because of negligence on the part of O.P. 1 in inserting 'K' wire, the complainant had to undergo two more operations. On the other hand, the case of O.P. 1 is that the 'K' wire was inserted to maintain reduction of fracture and the check x-ray revealed satisfactory reduction of the fracture and, therefore, there is no negligence on his part. Though O.P. 1 contends that the complainant consented for the operation, he has not produced the consent letter before the District Forum.

(3.) From the evidence adduced before the District Forum, it is found that after taking check x-ray, a decision was taken to conduct the second operation. Had the 'K' wire been inserted properly, there was no occasion for the second operation to correct the mistake occurred during the first operation. Even the second operation was not successful. Ultimately, the complainant got discharged from O.P. 1 Hospital in order to undergo another operation in Kasturba Hospital, Manipal and, accordingly, the complainant underwent an operation in the said hospital.