K K UMMER Vs. JUBILEE MISSION HOSPITAL TRICHUR

JUDGEMENT

(1.) This petition is riled under Sec.12 of the Consumer Protection Act claiming a total compensation of Rs.6 lakhs alleging medical negligence on the part of the opposite parties.

(2.) Shortly stated, the allegations in the complaint are as follows: the complainant was admitted to the first opposite party hospital on 2.2.1994 with recur- rent direct hernia and (L) Bulanocele. The second opposite party who is the surgeon attached to the first opposite party hospital performed an operation on the complainant for the ailments on 3.2.1994. The complainant was discharged from the hospital on 9.2.1994. Since during the later half of March, 1994 the complainant developed hardness and pain on the operated portion on both sides, he consulted the second opposite party. The second opposite party advised him that no medication is necessary and that the hardness and pain will disappear automatically. In the middle of April, 1994 the complainant developed acute pain at the pubic region and on the bones of his legs. He was not in a position to walk or even to move. He again went to the first opposite party hospital on 25.4.1994 and he was admitted to the hospital on 27.4.1994 and the second opposite party treated him by direct heating of the affected area. He also advised him to take some exercises and to walk. During this period it was admitted by the second opposite party during a discussion that he had put a surgical knot through the bone during the hernia operation and that might have caused infection of the bones of the pubic region. He also advised the complainant to prepare for an operation to remove the knot.

(3.) On 12.5.1994 the complainant was transferred to Metropolitan Hospital, Trichur. Before that the second opposite party had brought Dr. Ramkumar of the Metropolitan Hospital to the bedside of the complainant for examination and consultation. The second opposite party told the complainant that the operation will be conducted by Dr. Ramkumar and he will also assist in the operation. At the Metropolitan Hospital Dr. Ramkumar diagnosed that the ailment of the complainant was Osteittis Pubic caused by infection of the bones at that area and that the infection was due to the hernia operation. Dr. Ramkumar conducted three operations at the pubic area of the complainant's body on 13.5.1994, 6.6.1994 and 11.7.1994. After each operation the complainant was advised to walk and take exercises and the condition of the complainant deteriorated steadily. His pain became insufferable and he became totally disabled. He had to spend a huge sum of money towards his medical treatment. He was asked to undergo a number of tests and drains were inserted into his pubic region for draining out the serum through holes made by the purpose. On 15.8.1994 Dr. Ramkumar again conducted a minor operation to examine the infected area. The complainant's leg was also put on traction. On 25.8.1994 he was discharged from the Metropolitan Hospital without getting any relief.