BIJU ALIAS PAUL JOSEPH Vs. K KUNHU MOHAMMED

JUDGEMENT

(1.) The complainant is an electrical labour contractor, and he runs a business of gold covering in the name and style of Shine Gold Coverages at Kanhangad. On 25.11.1994 the complainant was admitted to the K. H. M. Hospital, Manikoth, with complaint of fever and constipation. After various tests including x-ray and clinical examination by opposite parties the complainant was administered medicines and parental fluids till 29.11.1994. His ailment was initially diagnosed due to appenticitis by the second opposite party and later ileo-caceal T. B. and medicine for the said disease was prescribed from 1.12.1994 onwards. But his condition only worsened. He was not able to pass urine. Temperature did not subside and stomach pain persisted. His relatives came and on 5.12.1994 got himself discharged. He was taken to his native place at Kanjirappally and got himself admitted to Kadamapuzha Hospital on the 9th. There Dr. Unnikrishnan diagnosed and found that he was suffering from only virus fever and he had no other disease. He got cured responding to treatment for viral fever. He had to suffer mental agony, physical pain, fatigue etc. due to the wrong diagnosis and treatment by the opposite parties. On his behalf Advocate Mr. Santhosh Thomas issued Lawyer's notice to the three doctors who treated him at Kanhangad claiming a compensation of Rs.1,00,000/and costs Rs.300/-. The opposite parties denied liability in their reply notice.

(2.) Alleging deficiency of service and negligence he filed the above complaint before us claiming Rs.5,01,000/as damages. The first opposite party in the complaint is Dr. Kunhummohammed of K. H. M. Hospital, Manikoth, where the petitioner got himself admitted. The second opposite parties is Dr. Satheesh Shenoy who admitted the complainant, conducted tests and commenced treatment, opposite party No.3 is Dr. Balakrishna Shetty, consultant Surgeon, who took over the treatment and after clinical tests diagnosed the disease as a suspected case of chronic appendicitis and after subsequent tests formed an opinion that the patient is suffering from ileocaceal Tuberculosis and prescribed treatment for the said disease.

(3.) On notice being issued all the three opposite parties appeared and filed joint version. It was stated that the second and third opposite parties are not consultants attached to the K. H. M. Hospital. Opposite party No.2 visits the hospital on call and third opposite party is a Consultant Surgeon of Padmasree Hospital and Research Centre, Mangalore and Honorary Assistant Surgeon, Government Wenlock Hospital, Mangalore. He visits K. H. M. Hospital twice a week for consultation and surgery. According to me version, the complainant came to the hospital on 25.11.1994 at 9.15 a. m. complaining of fever of more than seven days, cough, pain in the abdomen and constipation. The second opposite party after clinical examination found that the fever is of low grade and suspected chronic appendicitis or amoebic colitis with mild respiratory infection. He was admitted to the hospital. After admission blood examination, chest x-ray and ultra sonography scan were done. Treatment on the basis of the said diagnosis was started and continued. Since the complainant still complained of pain in abdomen and constipation he was referred to the 3rd opposite party for expert opinion. Barium meal x-ray was taken for identification of colonic disease including ileocaceal T. B. On 2.12.1994 complainant developed difficulty in passing motion and urine. This was also treated. He responded well to the treatment. On 5.12.1994 he was discharged advising to continue the treatment for one more week and thereafter to come up for further evaluation which is essential for final diagnosis. He did not turn up. All other allegations against opposite parties are false. Including professional charges, x-ray, cost of medicines etc. , the complainant had spent only Rs.3,077.35 in the K. H. M. Hospital. There was no deficiency or negligence in treating the patient. The complainant alongwith two other political leaders Vidyasagar and Jose Puthumana came to the opposite parties and demanded Rs.10,000/or in the alternative to reinstate Miss Shyamala, a trainee nurse, who was discharged from the hospital for misbehaviour. The opposite parties did not oblige and hence this false complaint.