V.K. GUPTA Vs. KRISHAN KUMAR AND ORS.

JUDGEMENT

(1.) On 19.09.1997, the complainant Krishna Kumar (patient) sustained accidental injury by falling from 60 feet height. He was taken to V.K. Neurocare Hospital of Dr. V.K. Gupta (OP-1). He was diagnosed having spinal injury with fracture of both legs. The OP1 applied plaster of Paris to right leg/ foot. There was a wound; the complainant felt severe pain in his leg. Therefore, OP1 made a 4" x 4" window in the POP. The patient was discharged on 06.10.1997 and advised follow up after 15 days. The OP1 assured that the foot was alright and plaster would be removed after two months but the pain got aggravated. Therefore, complainant visited to hospital of OP1. There Dr. Rajesh Jain was called for consultation, who examined the right leg and advised to ampute the right leg due to gangrene. Complainant was not satisfied with the advice, therefore, he consulted his Dr. Chawla for re-check-up, who gave same opinion. Patient's right leg was amputed on 15.10.1997 at City Hospital, Hisar by Dr. Aggarwal and he was discharged on 24.10.1997. Therefore alleging negligence on the part of OP1, the complainant filed the complaint before the District Forum, Hissar.

(2.) The District Forum dismissed the complaint whereas, the appeal filed by the complainant was allowed by the State Commission, Haryana, Panchkula and directed the OP to pay Rs.2,00,000/- with interest @ 9% per annum from the date of filing of the complaint along with Rs. 10,000/- as cost of litigation.

(3.) Aggrieved by the impugned order of the State Commission, OP-1 /Petitioner filed this Revision Petition.