AGARWAL ORTHOPEDIC HOSPITAL Vs. SANDEEP ARORA

JUDGEMENT

(1.) The complainant No.1/Respondent No.1 namely Sandeep Arora fell down while driving a scooter and received injuries, including facture of his left hand. On 09.8.2000, he went to Gorakhpur and consulted Appellant No.2 Dr. R.A. Agarwal of appellant No.1 Agarwal Orthopedic hospital. He was advised surgery of his left hand involving implant of an inter-locking rod of Titanium in the Heumerus Bone, with the help of four screws. The aforesaid procedure was performed on 13.8.2000. The case of the complainant is that the X-ray done on 14.8.2000 showed that the interlocking rod as well as screws, both was over-sized, because of which a gap remained between the broken bones of his hand. A repeat X-ray on 16.8.2000 allegedly showed increase in the gap and both the screws emerging in the flesh. The complainant was discharged from the hospital on 18.8.2000, after he had paid a sum of Rs.32,648.00 to the hospital. According to him on 10.11.2000, he got another X-ray done which revealed that the bone had not joined and there was a wide gap with all the four screws entering into the flesh. The X-rays were repeated on 11.11.2000 and 16.1.2001. The complainant thereafter went to Mariampur hospital, Shastri Nagar, Kanpur where the rod implanted by Dr. R.A. Agarwal was taken out and bone grafting was done. The X-ray taken on 28.02.2001 showed the joining of the bone. Alleging negligence in his treatment at the appellant hospital, he along with his wife approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant who alleged that the rod as well as the screws was of the right size and there was no deficiency in the procedure performed in the hospital. According to the appellants, the loosening of the screws and a minor gap in the bone happened on account of the complainant having fallen from the bed while sleeping.

(3.) The State Commission vide order dated 19.10.2011, allowed the complaint and directed the appellants to pay a total sum of Rs.50 lacs to the complainant within two months, failing which the said amount shall carry interest @ 12% per annum from the date of the judgment. Being aggrieved the appellant is before this Commission by way of this appeal.