LAWS(NCD)-2009-3-41

JALLAUDDIN KHAN (DR.) Vs. INDRA SEN VERMA

Decided On March 13, 2009
Jallauddin Khan (Dr.) Appellant
V/S
Indra Sen Verma Respondents

JUDGEMENT

(1.) THIS is a case of a person who is not qualified and not authorized to practise allopathy, gave injections to the piles of the patient, resulting in severe complications and subsequent treatment at three different hospitals causing severe pain, suffering mental and physical agony and financial loss to the complainant.

(2.) DR . Jallauddin Khan, petitioner before us was the respondent before the District Forum and Indra Sen Verma, respondent was the complainant before the District Forum. The case of the complainant in short is that he was suffering from piles for quite some time. He went to consult Dr. Jallauddin Khan on 1.3.2003, who is a practitioner of electro homeopathy. Dr. Khan agreed to treat him on payment of Rs. 3,000. He then gave a injection in his anus at 12 noon and another injection at 5 p.m. in the evening. From the next day, he had acute pain for which doctor gave another injection. By 3.3.2003 the condition of the complainant deteriorated and the area around his anus became inflammed and he could not even pass urine. Therefore, Dr. Khan advised him to consult someone else. He was taken to Jabalpur and admitted at Mannulal Hospital, where it was found that due to wrong injection, he had developed infection and sepsis. He was later on shifted to Jeevan Hospital and finally to Hindustan Hospital on 5.3.2003, where the pus was taken out and treatment given. Ultimately he was discharged on 22.3.2003. When he went back to his village, he complained to the Collector and also lodged an FIR and a criminal case was also registered against the doctor.

(3.) THE complaint was contested by Dr. Khan stating that he is a practitioner of electro homeopathy and complaint has been filed only to malign him. He submits that he does not give any injection and denies any prescription or treating the patient at all. The District Forum dismissed the complaint vide its order dated 30.8.2007.