S N NAMBOODIRI Vs. HANEEFA

JUDGEMENT

(1.) These appeals are directed against the order passed by the District Forum, Kollam in O. P. No.144/1992. Appeal No.533/1995 is filed by the opposite party and Appeal No.662/1995 is filed by the complainant.

(2.) Shortly stated, the allegations in the complaint are as follows : on 16.3.1991 the complainant's daughter aged 41/2 years was taken for treatment to the dispensary run by the opposite party and the child was under the treatment of the opposite party till 15.4.1991. In spite of the treatment given by the opposite party the condition of the child got deteriorated on account of negligence on the part of the opposite party. On 23.3.1991, 7.4.1991 and 15.4.1991 the opposite party examined the child and he prescribed medicines and also conducted urine test. The opposite party received consultation fees and the value of the medicines by way of consideration. He gave Alloppathy medicine and Ayurvedic Medicine during the period of treatment. He did not make arrangements for blood test and he also did not exercise reasonable care and skill expected of a doctor. He knew Hepatic B type is serious than A type and no step was taken to make investigation to find out what is the type of Jaundice. The child developed swelling on the legs in the first week of treatment. Though her condition became worse, the complainant was not advised to seek better treatment. On 15.4.1991 the complainant was asked to take the child to Medical College. She was the only child of the complainant. Due to unskilful treatment, the child died and the complainant was put to irreparable loss and injury. He claimed a compensation of Rs.99,000/-.

(3.) A version was filed by the opposite party stating that he was in the medical profession for the last 35 years. He is the owner of the dispensary and he has got qualification of DAM and DMS. He is having a Medical Laboratory for conducting routine examination. On 16.3.1991 the patient was brought to the hospital being case of Jaundice. On laboratory examination of the urine of the patient, bile pigment was found to be positive added with excess of bile salt. Her overall condition was found to be satisfactory. After due examination of the patient, he diagnosed it as a case of Jaundice. Apart from allopathic medicine like live 52, Tefrole, etc. also were administered to the patient. The patient went with the case sheet. He did not find it necessary to examine the blood of the patient. The general clinical feature and also the results of the urine test did not disclose any symptoms warranting a blood test and the physical condition was also found to be satisfactory not requiring any treatment as an impatient. After prescribing medicine opposite party gave elaborate instruction to the complainant about the need for bed rest in the house and also about the diet to be followed and complainant was asked to provide as much fruits and vegetables as possible. The complainant was asked to bring the child after 7 days and the child was brought on 23.3.1991. Urine was examined and it was found that there was only traces of bile pigment and bile salt was found to be nill and it revealed that the treatment was progressive in the right direction and the patient was responding to the medicines administered to her. Same course of medicine was repeated. Urine was examined and re-tested and it revealed total absence of bile salt and bile pigment and the patient was relieved of the ailment and thereafter nothing was heard and after five months he received a notice sent through an Advocate dated 19.4.1991 stating child was admitted to the Medical College in a fully conscious stage and discharged on request on 3.7.1991 and child died on 15.7.1991. We do not know what transpired after the child discontinued his treatment.