V MOHAN RAO Vs. MIOT HOSPITALS

JUDGEMENT

(1.) -THIS appeal is filed against the order of the State Consumer Disputes Redressal Commission, Tamil Nadu at Chennai passed on 30. 11. 2004 in the Original Complaint No. 269 of 1998 whereby the complainant V. Mohan Rao's complaint alleging deficiency in service and medical negligence by the opposite party No. 1, Miot Hospital and No. 2, Dr. P. V. Mohan Das, has been dismissed. Brief facts of the case are: appellant's submissions:

(2.) THE appellant (the original complainant) Mr. V. Mohan Rao, a Civil Engineer, is presently residing in Bangalore. On 19. 7. 1997, when he was in Chennai, he slipped in the bathroom and developed severe pain. Respondent No. 2, Dr. P. V. Mohan Das, diagnosed that it is advanced Avascular Necrosis (AVN) of the right femoral hip with Osteoporosis. He was advised to undergo total hip replacement by way of surgery since the femur was damaged and need to be replaced with steel one. AVN, in ordinary language, means death of the femoral head due to snapping of supply of blood as the complainant was diabetic and there was also thinning of bones. It can be caused due to either primary or idiopathic (sudden development without any traceable causes ).

(3.) THE hip is the largest weight bearing joint in the body and it consists of two main parts-a ball (femoral head) at the top of the thighbone (femur) that fits into a rounded socket (acetabulam) in the pelvis. As a result of the death of the femoral head due to AVN, the head of the femur has to be replaced by a metal prosthesis which in turn is cemented. The Orthopedic Surgeon has to choose the type of prosthesis. It is the case of the appellant that the 2nd respondent performed an advanced surgical procedure called hybrid hip replacement operation. Total Hip Replacement (THR) if done properly is known to give complete success and the average incidence of dislocation after total hip anthroplasty is approximately only 3%.