K MAHENDRAN Vs. O SATYANARAYANA OBULAM HOSPITAL

JUDGEMENT

(1.) THIS appeal arises from the order dated 22. 04. 2003 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (the State Commission) by which the latter dismissed the complaint of the appellant, alleging medical negligence and deficiency in service on the part of the respondents in the treatment of the appellants son, K. Yugandhar, a 19 year old student of a local college who met with a road accident on 26. 06. 1996 and suffered fracture of his left femur.

(2.) THE appellants case before the State Commission was that on 05. 07. 1996, respondent no. 1 (the surgeon) operated upon Yugandhar at respondent no. 2, a private nursing home where Yugandhar was admitted on 28. 06. 1996 (at the advice of the surgeon) after initial treatment at another hospital. The allegation was that the surgeon did not conduct the surgery with due care in implanting the plate to ensure proper union of the fractured bone. The x-ray taken on 12. 07. 1996 in fact showed that the screws had not been fixed properly to hold the plate in position, as a result of which the plate got damaged. Even after his discharge on 17. 07. 1996, Yugandhar continued to complain of pain, which did not abate despite taking the medicines suggested by the surgeon. The subsequent x-rays of 26. 08, 05. 10, 07. 11 and 20. 12. 1996 all showed progressive deterioration. As a result, Yugandhar was taken to another nursing home at Chittoor where an immediate surgery was suggested. Finally, Yugandhar was taken to Madras Institute of Orthopedics and Traumatology, Chennai on 05. 02. 1997 where he was operated upon a second time on 12. 02. 1997. He unfortunately died on 17. 02. 1997. The appellant filed the above-mentioned complaint, initially also impleading the Madras Institute, and claimed total compensation of Rs. 20 lakh. It appears that the State Commission directed deletion of the Madras Institute, as it was located outside the territorial jurisdiction of the former.

(3.) WE have heard the learned counsel for the parties and gone carefully through the documents on record.