ANIL KUMAR GUPTA Vs. MUKESH JAIN

JUDGEMENT

(1.) Case of the Complainant : The Complainant Anil Kumar Gupta engaged in jewellery and real estate business met with a motor accident on 23.10.1990 as a result of which femur bone of his right leg was fractured. He was admitted to the Government run Doon Hospital, Dehradun on the same day. Dissatisfied with the treatment at this hospital and on medical advice the complainant was shifted to Vardhman Nursing Home, Muzaffarnagar on 26.10.1990 owned by Dr. Mukesh Jain. Dr. Jain operated and fixed a steel rod in the right thigh on 30.10.90. Dr. Jain made the complainant walk the next day and discharged the complainant after 10 days without taking X -ray of the bone. As per advice of the doctor when the complainant tried to bend his knee, he suffered unbearable pain and Kat -Kat sound could be heard. On an X -ray performed on 19.11.90 at Dehradun, the complainant was informed that steel rod fixed has slipped and came down to the knee joint as a result of which the kneecap has been chipped. He went to Dr. Jains nursing home on 25.11.90. In the meanwhile, he was advised to take heavy dose of painkillers. Dr. Jain advised him to undergo another surgery as the rod has slipped from its original place and was asked to come on 5.12.90 as there was no room in the nursing home. Surgery was performed on 6.12.90 and Dr. Jain put the steel rod but failed to remove the chipped bone of the knee cap. Thereafter, complainant was discharged and asked to come for monthly check up for the next six months. The complainant complied with this condition, though he had pain, for which, heavy dose of medicines were prescribed.

(2.) On 24.11.92 at about 4 a.m. when the complainant went to the toilet he started having unbearable pain and his right leg gave away. The complainant waited till 9 a.m. and thereafter got an X -ray done which revealed that the steel rod has broken due to which the complainant had suffered further fracture of the femur bone. He was immediately rushed to Muzaffarnagar for medical treatment at the respondents nursing home. On 27.11.92 Dr. Jain performed another surgery on the leg of the complainant and replaced with a new rod, which was refixed on the upper side of the femur bone. Dr. Jain also carried out bone grafting whereby he removed a bone from the back of the complainant to speed up the calcification of the bone. During the course of the surgery the upper part of the femur bone was broken due to negligence of Dr. Jain, which he failed to remove or repair. Dr. Jain also fitted a boot and bar on the lower part of the right leg so as to keep the same straight.

(3.) From the 5th day of the surgery the complainant started having high fever. Dr. Jain got several tests including blood test and thereafter informed the complainant that he has contacted typhoid infection accordingly he started treatment by giving heavy doses of antibiotics. When the temperature subsided Dr. Jain cut the stitches and discharged the complainant on 9.12.92. On the same night at Dehradun the complainant saw liquid being discharged from the wounds of the stitches in large quantity, which soaked his entire bed. His family members got panicky and contacted Dr. Jain who advised him to get the bandage changed and also come to the Muzaffarnagar if he found it serious. They reached the nursing home at 2.30 a.m. At the nursing home the bandage was changed and during the course it transpired that two stitches on the hip gave away due to which the discharge of serum pus had started. He stayed at nursing home from 10.12.92 to 23.12.92. Despite remaining in nursing home for 13 days discharge of serum did not stop; further there was swelling and unbearable pain in the right leg. At the time of discharge on 23.12.92 he was asked to clean the wound. As per advice, of the complainant continued to take medicines prescribed by Dr. Jain and also changed the bandage every day. However, the discharge of the serum continued and whenever there was less discharge there was swelling in the leg and severe pain.