GAURAV Vs. ESCORTS LTD.MEDICAL CENTRE

JUDGEMENT

(1.) IT is the say of the complainant that he suffered an injury on 5.4.1993 and was taken to Escorts Limited Medical Centre Faridabad(hereinafter referred to as Escorts) where he was X -rayed and CT Scan was also got done at Delhi. He was admitted to Escorts and after about a day he regained consciousness. After sometime of gaining consciousness, complainant became restless and wanted to go home. Dr. N.K. Pande, in undue haste, showing gross negligence, prescribed Dilantin 50 mg. to be taken thrice a day, and which was continued to be administered up to 12th April, on which day he was discharged and advised to continue this tablet amongst others. During the intervening night of 23/24.4.1993 as the complainant developed fever he was again taken to Escorts and was referred to the Neuro -surgeon and was advised to continue to take Dilantin 50 mg tablets. He was also referred to a child specialist, who gave him treatment for malaria and was taken home. As the fever rose to 105 degrees, the complainant was admitted to Escorts on the night of 24th April. After three days of readmission, some reaction to Dilantin was found, it was discontinued and he remained there till 12.5.1993 and was seen by various specialists. As a result of reaction to Dilantin his eyebrows decayed and his kidneys, lungs, throat, eyes, food pipe, urinary tract were badly affected. There were pimples in and around his eyes. When the pimples were cured it was revealed that his eyes were not functioning. He was then taken to Jain ENT and Eye -care clinic wherein it was observed to be a case of Dilantin induced ulceration, in both eyes. He was further treated by the doctors of R.P. Centre of Opthalmic Sciences, AIIMS, wherein, the diagnosis indicated that he had lost one eye and other eye needed operation. The complainant claimed Rs.1,00,000 towards treatment and Rs. 4,00,000 by way of the general and special damages.

(2.) THE respondents countered the complaint based on the personal opinion of the father and guardian of Gaurav stating that the complainant is guilty of suppresio veri and suggesto falsi. He has suppressed the fact that Gaurav fell down from the housetop and was brought to the hospital in an unconscious state and he was profusely bleeding from the right ear and the right side of the face was paralyzed and doctors explained to his father that the condition was bad and chances of survival were minimum.

(3.) THE District Forum heard the parties and perused the evidence and the President passed an order dismissing the complaint, whereas the majority Members allowed the complaint and ordered payment of Rs. 5,00,000 to the complainant along with the interest @ 18% per annum(compound) from the date of filing the complaint till the date of payment.