A.K. MITTAL (DR.) Vs. RAJ KUMAR

JUDGEMENT

(1.) AS both the cases arise out of the same order of the State Commission in Appeal No. 1429 of 2002 dated 8.4.2005, we propose to pass a common order in both these Revision Petitions.

(2.) THE factual matrix of this case are that Master Mahesh Kumar suffered from an car infection as some discharge emitting from his ears was smelling badly which resulted in giddiness, vomiting and fever. His father took him to the nursing home, Orthonova Institute of Advanced Orthopaedic Surgery and Research where Dr. Mittal, ENT Surgeon examined the child and advised surgery. The child was admitted to the Hospital on 22.7.1997 and also operated upon on 26.7.1997 for "Modified Radical Mastoidectomy" against payment of Rs. 26,000, as charges. After the surgery, the child developed facial paralysis of right side. Despite that, he was discharged from the hospital on 27.7.1997. As there was no improvement, his father took him to AIIMS on 16.9.1997.

(3.) THE doctors of AIIMS, after examination, concluded that the child had developed facial paralysis, as nerve in the ear was dead with the following observations: