NONI SINGH Vs. P K TALWAR

JUDGEMENT

(1.) THIS complaint has been filed by Mrs. Noni Singh alleging medical negligence and deficiency in service against Dr. P.K. Talwar, Consultant Aesthetic (Cosmetic) Surgeon, Opposite Party. No.1 and Wood Stock Nursing Home, Opposite Party No.2.

(2.) SHE was discharged after three days from the nursing home despite of being completely paralyzed below the waist and she was unable to flicker even muscle from either of the lower limbs. O.P. No.1 did not explain as to why these complications occurred nor any medication was prescribed for her problems in post -operative stage. O.P. No.1 had mishandled the case and due to his willful neglect i.e. surgery, these complications arose and OP No. 1 sent her home quietly disowning his responsibility. Thereafter, the complainant could not undertake the normal and simple actions herself such as going to the toilet and bathing as she was unable to stand even with support as she had no power in any of the joints of either of her lower limbs. Both her parents had to lift her on their shoulders for the toilet facilities. Complainant suffered 21 days of excruciating, unrelenting pain which was passing through her spine into the legs. O.P. No.1 was aware that since her nerves of the back and the lower limbs were so severely damaged, the chances of recovery could only be partial.

(3.) THE complainant met Dr. Subhash Baveja, Consultant Orthopedic Surgeon at Mohinder s Hospital, who expressed deep shock at her condition on his first visit to home. He opined that what had happened was due to mishandling of operational process of Liposuction and immediately diagnosed it as a form of paralysis i.e. in medical term is Paraparesis . He advised various laboriously painful and very expensive nerve/muscle conduction tests to verify the continuity of various nerves and their functioning. Medication was started without further loss of time and the complainant undertook extensive, exhaustive physiotherapy along with painful electric muscle and nerve stimulation. After many years, the complainant started to walk with the aid of Bilateral Axillary Crutches. She could not attend the office as she was advised bed rest for a period of 6 -8 weeks. The parents of the complainant contacted O.P. No.1 and apprised him of the diagnosis of Dr. Baveja, but O.P. No.1 showed complete lack of interest and shrugged his shoulders saying he could not help of what had happened.