T RAMESH KUMAR REDDYCOMPLAINANT Vs. MANIPAL HOSPITAL

JUDGEMENT

(1.) ALMOST every day we are coming across cases of medical negligence where patient approaches a Doctor for an ailment, the Doctor diagnoses the disease and suggests for particular surgery, the patient gives consent for surgery and the Doctor conducts the surgery. But while doing surgery, if the Doctor causes damage to some other part of the body it may lead to further complications. Thereafter, when the patient approaches the Doctor, the Doctor suggests for a corrective surgery but the Doctor would not be inclined to do the corrective surgery free of cost. Consequently, the patient approaches some other Doctor and undergoes corrective surgery and thereafter approaches the Forums for compensation. Naturally, if the negligence is established, the Forums award compensation. All this could be avoided if the Doctor who conducts the first operation does not give room for negligence. In case there is failure of first operation, in principle the Doctor should conduct the corrective operation free of cost. We have also come across cases where Hospitals introduce package scheme for particular treatment. But after the treatment, the Hospitals charge over and above the fee fixed under package scheme on the ground that some extra treatment was provided to the patient or the patient was kept in the Intensive Care Unit for some complications. Charging fee over and above the fee fixed under the package scheme will defeat the very purpose of introducing package scheme. The case on hand comes under the first category.

(2.) THE Complainant has filed this complaint for a direction to the opposite parties (for short, 'O.Ps.') to pay Rs. 45,00,000 as compensation alleging negligence against the O.Ps. with costs.

(3.) THE main grievance of the complainant is that immediately after recovery from Anaesthesia, he developed lot of complications as there was partial disability caused to his left eye and mouth. Besides this, his face was paralyzed and got disfigured and he was not able to speak properly nor was he able to close left eye totally and he could only close partially. This fact was brought to the notice of the Doctor before he was discharged from O.P. 1 Hospital. Thereafter, the complainant visited O.P. 1 Hospital on 2.1.2003 and again on 13.1.2003. The doctor referred the complainant to a physiotherapist and, accordingly, the complainant approached the physiotherapist and some exercises were conducted on him. The complainant again approached the doctor on 8.2.2003 and he was referred to physiotherapist for treatment and, accordingly, the complainant was treated. As there was no relief, the complainant again consulted the doctor on 19.5.2003 and 7.7.2003. The doctor referred the complainant to a Radiologist on 7.7.2003. The Radiologist was of the opinion that there was a small deficiency in the left facial canal near the junction of horizontal and vertical segments. As the complainant could not get any relief, he went to Chennai on 30.7.2003 and the Doctor at Chennai also noticed and confirmed about the LMN type of Facial Paralysis on the left side part traumatic. Ultimately, the complainant consulted Dr. Mohan Kameswaran at Chennai and he also noticed that there was Left Facial Weakness and suggested for facial nerve exploration and repair. Accordingly, the complainant was admitted to the Hospital at Chennai on 19.11.2003 and Dr. Mohan Kameswaran conducted the surgery on 20.11.2003 and the complainant was discharged from the Hospital on 22.11.2003. For this surgery, according to the complainant, he incurred a sum of Rs. 45,000 towards surgery and post operative expenses.