JAYANTILAL GOVINDLAL PARMR Vs. MANAGING TRUSTEE

JUDGEMENT

(1.) Complainant, Head Clerk in a school, has filed this complaint for recovery of total compensation of Rs.6 lakhs from the opponents on the ground that there was negligence in giving him surgical treatment.

(2.) The complainant had pain in abdomen in June, 1993 and, therefore, he went to opponent No.1 Mehsana District Central Co-operative Bank Limited General Hospital at Mehsana (hospital for short) to consult Medical Officer of the hospital. Medical Officer Dr. Modi advised for radiological examination. He, therefore, consulted Dr. Y. T. Patel who did ultrasound of abdomen. The conclusion reached by Dr. Patel was that there were multiple stones in gall bladder and he made report to that effect. Dr. Modi, therefore, advised the complainant to consult Dr. R. K. Patel, opponent No.2 herein (opponent for short ). The opponent, after examining the complainant and the report of Dr. Y. T. Patel, advised the complainant to undergo operation. The complainant was admitted to hospital on July 28,1992 and he was operated by opponent on July 30,1992. The complainant was discharged from the hospital on August 7,1992. According to the complainant, he had complaint of pain when he was discharged from hospital; but he was told that the pain would subside after some time and he would become normal. However, he continued to suffer from pain till he underwent second operation as stated hereafter. The complainant had paid more than Rs.3,500/- to the hospital. It is the case of the complainant that when he again Went to the hospital on February 21,1993, Dr. Modi who examined him ignored the pain from which he was suffering.

(3.) It is submitted by the complainant that since the pain continued unabated, he consulted Dr. Rajguru, who is a Urologist practising in Mehsana. Dr. Rajguru advised radiological examination. Dr. S. K. Patel of Vikas X-ray and Sonography Clinic who did X-ray examination and Urethrogram opined, "there is narrowing seen in the bulbous part of the urethra suggest small stricture formations near the bulbous urethra". According to the complainant. Dr. Rajguru, after examining the report of Dr. S. K. Patel, stated to the effect that there was something wrong with the operation performed by the opponent. The complainant paid Rs.700/- as fees to Dr. Rajguru. The complainant was thereafter examined by Kidney Centre of Ahmedabad Civil Hospital where he paid fees of Rs.800/-.