KAPIL KULSHRESTHA (DR.) Vs. OM PRAKASH

JUDGEMENT

(1.) FACTUAL matrix of this case in brief is that on the night of 10.3.1996 at around 11 p.m., the leg of the complainant, Om Prakash was fractured in an accident as he was hit by a truck. On 11.3.1996, he was admitted under unconscious state by a police constable at Swaroop Rani Nehru Hospital, where he remained till 15.3.1996. It is the case of the complainant that Dr. Kapil Kulshrestha used to visit in that hospital for medical examinations and he persuaded him to get admitted in Ojha Nursing Home, Tagore Town, Allahabad as he would get best treatment there. Accordingly, he got admitted in Ojha Nursing Home on 15.3.1996. Dr. Kulshrestha performed the first surgery (nailing) on 19.3.1996. It is alleged by the complainant that due to medical negligence and deficiency in service pus began to ooze out from his leg. On aggravation of problem, again on 18.7.1996, second surgery was performed but even then the problem did not recede. Dr. Kulshrestha discharged the complainant on 6.8.1996 but the pain continued. Hence third surgery (nailing) was performed on 11.9.1996 during which he was told that a piece of bone had broken and could not be united properly at its place in a proper manner. It is alleged by the complainant that Dr. Kulshrestha did not have adequate knowledge hence he was seeking advice of another doctor in the course of his treatment. Even after three successive surgeries, the complainant's leg could not be cured fully and he became handicapped as it was shortened by three inches. Accordingly, he prayed compensation of Rs. 5 lakh by filing a complaint before the District Forum.

(2.) DR . Kulshrestha filed his written statement wherein he stated that the complainant's wife was apprised of the complexities of the treatment. To heal the wound cancellous bone grafting along with hip spica plaster was performed on 11.9.1996. Further at the request of the complainant, senior orthopaedic surgeon was also consulted. However, the complainant did not follow properly the dressing instructions resulting in the formation of pus. It was contended by Dr. Kulshrestha that neither he examined the complainant in Swaroop Rani Nehru Hospital nor he advised him to get admitted in Ojha Nursing Home. Surgery was performed in a proper manner and the infection developed due to the contact of stool and urine with the dressing. During infection period also the complainant was admitted to the Nursing Home and his nail was removed and the wound was left open to get early healing. After healing of the wound cancellous bone grafting was done along with plaster. A proper written consent was procured at the time of treatment. Ojha Nursing Home has filed a similar written statement.

(3.) THE District Forum after hearing the parties and perusing the documents and affidavits produced held that to prove the allegation of medical negligence expert opinion and evidence is necessary which has not been adduced by the complainant. Further this complaint requires comprehensive oral as well as written evidences. It will be in the interest of justice and the parties concerned that it should be decided before a civil Court. Accordingly, complaint was returned with the liberty to approach the civil Court.