LAWS(NCD)-2016-4-104

SANTOSH W/O SH. BALDEV SINGH, RESIDENT OF OLD BUS STAND, MEHAM ROHTAK HARYANA Vs. DR. N.D. GUPTA N.D. HOSPITAL, 262 MODEL TOWN HISAR

Decided On April 06, 2016
Santosh W/O Sh. Baldev Singh, Resident Of Old Bus Stand, Meham Rohtak Haryana Appellant
V/S
Dr. N.D. Gupta N.D. Hospital, 262 Model Town Hisar Respondents

JUDGEMENT

(1.) - The petitioner/complainant underwent a Lithotripsy procedure for removal of kidney stones on 23.05.2008. As per the discharge slip issued to him on 25.05.2008, there was a single large radiolucent stone which was fragmented and removed. He again developed stones and underwent a small procedure on 04.08.2010 at N.D. Hospital, Model Town, Hisar. As per the discharge slip dated 06.08.2010, there were multiple radiolucent stones which were fragmented and removed. According to the complainant/petitioner, not all the stones were removed on 04.08.2010 and after one week, it was found that she still had a few stones, one of which was of 12mm, the second was of 6mm and the third was of size 7mm. Alleging negligence on the part of the respondent in performing the procedure, the complainant/petitioner approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the respondent. It was stated in the reply filed by him that it is not practically possible to clean the entire drainage system of the kidney and small pieces of stones could be lodged at a corner which could not be accessed by the machine using which the Lithotripsy was performed. It was further stated in the said reply that the complainant had been informed about recurrence problem and the problem of residual stones. It was also stated in the said reply that 12mm stone is a very small stone and in fact, in 30% cases, single sitting of the procedure is not sufficient for complete removal of the stones.

(3.) The District Forum after considering case of the parties, dismissed the complaint. Being aggrieved, the complainant/petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, she is before this Commission by way of this revision petition.