SUNIL KUMAR GUPTA S/O. SHRI BHOLANATH GUPTA, R/O. BHILAI, DISTRICT DURG CHANDIGARH Vs. ESCORT HEART CENTRE AND 2 ORS. THROUGH MANAGING DIRECTOR, PT. JAWAHAR LAL, NEHRU MEDICAL COLLEGE,RAIPUR TEHSIL AND SISTRCIT

JUDGEMENT

(1.) Shri Sunil Kumar Gupta, about 24 years of age, the complainant, (hereinafter referred as a "patient"), since childhood, was suffering from VSD (Ventricular Septal Defect) in the heart. On 8.10.2011, Dr. Kalpesh Malik, OP2, operated the patient for closure of VSD at Escort Heart Centre,(OP-1). It was done under Swasthya Suraksha Yojna Sanjivani Sahayat Kosh. The patient was discharged on 17.10.2011 and was called for regular follow up, every two months. In the month of July, 2012, the patient felt some heart problem. He was investigated at Sudhir X-Ray and Diagnostics, Bhilai, and it was found that the condition of the VSD/hole in his heart was as the same. It was learnt that, the VSD was not closed but the valve of his heart has been replaced during operation. The heart valve was leaking. The patient took this report to OP2 , but he expressed that everything was alright in the report. Thereafter, patient approached OP-1 Hospital, consulted Dr. Satish Suryawanshi and Dr. Bhisham G. Shadani. The ECHO was conducted and confirmed that the hole still persists in the heart. Thus, it was alleged that the opposite parties committed fraud with him. It was medical negligence and caused lot of suffering and mental agony to the patient, hence the complainant filed a complaint before the State Commission claiming compensation of Rs. 70 lakhs.

(2.) The State Commission dismissed the complaint. Therefore, aggrieved by the impugned order passed by the State Commission, the complainant filed this first appeal.

(3.) We have heard the learned counsel for the complainant at the admission stage. He submitted that the opposite parties performed wrong operation, by which, small VSD was not closed. The OP-2 replaced the aortic valve unnecessarily. He brought our attention to second ECHO report which revealed a hole of about 5 mm size, with Small Restrictive Pan Membranous VSD MIC 92 mm HG with left to right shunt. According to ECHO, E.C.G. reports showed LV enlargement.