HARJINDER SINGH SIDHU Vs. HARMANDER SINGH

JUDGEMENT

(1.) This is a case of alleged medical negligence.

(2.) The allegation in the complaint is that the complainant's wife, Mrs. Balwinder Kaur (deceased), was a victim of medical negligence.

(3.) In the written version the opposite party doctor denied any negligence during treatment of the patient. He further stated that on 06.02.2010 he performed ureteroscopic removal of the stone from the right ureter and DJ stent was placed from right kidney to the bladder for smooth ejection of urine. The patient was discharged from the hospital on 13.02.2010 with instructions to come after one month for removal of the DJ stent but the patient did not turn up for removal of the DJ stent. The follow up instructions were given on the reverse of the discharge card. However, the complainant did not file the original discharge card or a photocopy of the entire discharge card including its reverse side before the District Forum. On 26.07.2010 the patient and her husband approached the opposite party doctor with complaint of different disease (chest infection) and she was treated accordingly and discharged on 02.08.2010 in normal condition. There was a long gap between the initial treatment for removal of stone (on 06.02.2010) and the death of the patient (on 09.08.2011). The death of the patient was not due to non-removal of DJ stent, but was due to lung cancer. The opposite party doctor also relied on the expert medical opinion given by the Principal, Guru Gobind Singh Medical College, Faridkot, wherein no negligence was mentioned on the part of the opposite party doctor.