SANTOSH BAI BADKUL Vs. K L BANDI

JUDGEMENT

(1.) -The present appeal is filed by Smt. Santosh Bai Badkul, who is the original complainant in Case No. 18/1999 which was filed in M.P. State Commission alleging medical negligence against Dr. K.L. Bandi, and Choithram Hospital and Research Centre, respondent Nos. 1 and 3 respectively along with National Insurance Company, respondent No. 2. The complaint claiming compensation of Rs. 12 lakh for the alleged medical negligence in performing abdominal operation was dismissed by the State Commission by the order dated 31.12.2002.

(2.) Brief facts of the case are : Appellant Smt. Santosh Bai Badkul, suffered abdominal pain and was referred by Dr. Bhagat of District Hospital, Sagar to consult Dr. K.L. Bandi of T. Choithram Hospital and Research Centre. Dr. Bandi was consulted on 3.12.1993 and after performing necessary investigations, the appellant was admitted in the hospital on 9.12.1993 where chronic cholecystitis with cholelithiasis was diagnosed and the symptoms showed the presence of stones in the gall bladder. The appellant complained of unlocalised abdominal discomfort, eructation and intolerance to certain food. Dr. Bandi performed Laparoscopic Cholecystectomy (removal of Gall Bladder) on 10.12.1993 and a drain pipe was fixed to drain out bile and waste food from the abdomen. The appellant was discharged on 13.12.1993 after removing the drain pipe on 12.12.1993 and respondent doctor instructed the appellant to come after one week. Appellant developed fever on 14.12.1993. She contacted Dr. Bandi and was advised to take treatment from Greater Kailash Nursing Home. Accordingly, appellant was admitted on 16.12.1993 to the Nursing Home where she was treated for acute gastroenteritis and was discharged on 31.12.1993.

(3.) It is the case of the appellant that since her health was not improving, she consulted Dr. R.S. Mehta of Government M.Y. Hospital and alleged that Dr. Mehta gave an opinion that the fever was due to the complication which developed because the drain pipe after the Laparoscopic Cholecystectomy was removed within three days, by the respondent No. 1 whereas it should have been kept for at least a week. Appellant alleged that due to early removal of the drain pipe, the collection of blood in gall bladder fossa and sub-hepatic area, inside the stomach occurred.