Mrs. Gowri,

W/O. A. Mani,

No.19/1, Perumal Koil St.,

Otteri,

Chennai. Complainant



Vs.



Dr. Manivannan


Doctor Rex Hospital,

No.95, Strahans Road,

Otteri,

Chennai – 12 Opposite Parties


O R D ER

The complainant had visited the Ist opposite party clinic on 18th and 19th January 2002 with the complaint of vomiting and stomach pain. The duty doctor prescribed some medicines. After examination, the Ist opposite party informed the complainant that the pain was due to appendicitis and advised to undergo surgery immediately without any medical test. The complainant forced to admit the 2nd Opposite party hospital the complainant admitted on 21.1.2002. Scan was taken. The opposite parties without any clinical or medical tests performed surgery under general anesthesia and found that there is no appendicitis. They have collected Rs.16,000/-. towards hospitalization expenses. The complainant was discharged on 26.1.2002.

They did not furnish discharge summary at the time of discharge and issued at a bilated stage. The complainant had continuous stomach pain even after surgery. This discharge summary would disclose that the opposite party opened the stomach. After seeing that cause for the pain is nothing but a mass which needs no surgery and should be treated conservatively. Without diagnosing the disease properly the opposite party performed surgery which is not at all warranted. The 2nd opposite party received Rs. 4560/- though they have collected Rs.16,000/- as hospital expenses. Since the opposite parties performed un warranted surgery, the complainant suffered mental agony and therefore the complainant filed this complaint claiming hospital charges of Rs. 16,000/- , incidental expenses of Rs. 6,000/-, dressing charges of Rs. 1,500/- Rs. 1,76,500/- of compensation for mental agony and cost of the complaint



2. The Ist opposite party filed version and contended inter alia that the complainant came to the hospital of the Ist opposite party on 18th and 19th of January 2002 with severe lower abdomen pain. On examination, the Ist Opposite party found that it was due to tenderness over to right iliac fossa and suspected to be acute appendicitis and advised the complainant for further check up. The scan was taken and X-ray ECG blood tests were also taken. The tests revealed the possibility of acute appendicitis and an expert opinion was obtained from Dr.K.Muniappan and on the same day emergency surgery was performed to save the life of the patient. At the time of surgery, lot of toxic fluid was found in the abdomen and lot of T.B. nodes were also seen and they were taken out and sent for HPE test and found that she was suffering from T.B. The surgery was performed based on the test and clinical examination by the Ist opposite party. There is no deficiency of service on the part of the Ist opposite party.

3. The 2nd opposite party filed version and contended inter alia that the complainant come to the Ist Opposite party hospital on 20.1.2002 with complaints of severe lower abdomen pain . The patient was referred to the 2nd opposite party and got admitted in the hospital. The ultra sound scan was done by Dr.Sundaraman who is an expert in the field and surgery was performed by the Ist opposite party. Discharge summary was issued to the complainant at the time of discharge. The ultra sound scan ruled out other organ disease like kidney stones, Ureter scan uterus, ovary and tube disease. The Ist opposite party suspected appendicitis and surgery was performed only to save the life of the complainant. There is no negligence on the part of the 2nd opposite party.

4. Proof Affidavits have been filed by both the complainant and the opposite parties. Exs. A1 to A8 were marked on the side of the complainant. Ex.B1 and B2 were marked on the side of the opposite parties.


5. The points that arise for considerations are:

1. Whether there is any deficiency in service on the part of the opposite parties?

2. To what relief the complainant is entitled to ?

6. Point No:1

Admittedly the complainant was admitted in the 2nd opposite party hospital by the Ist opposite party for abdomen pain on 21.1.2002. The scan report was taken which showed the possibility of appendicitis and suggested to confirm the same through clinical test. The complainant would submit that the opposite parties without confirming the same through clinical or medical examination, performed the surgery in the mid night under general anesthesia and found that there is no appendicitis and closed the stomach The contention of the complainant is that the opposite party without properly diagnosing the disease performed the surgery for appendicitis and found that there is no appendicitis for the complainant. Ex. A2 is the discharge summary issued by the 2nd opposite party. Which would show that mass occupied in the whole right. They have diagnosed T.B. it was confirmed as per the lab report Ex.A5 The Opposite parties 1 and 2 categorically have not denied in the version that after surgery they did not find any appendicitis.

The scan report suggested clinical confirmation of appendicitis. Ex A6 scan report does not show any appendicitis suggested symptoms of tuberculosis. The surgery performed by the opposite party confirmed that no symptoms of appendicitis and biopsy report Ex.A5 but confirmed tuberculosis. Therefore the discharge summary would show that the patient need not undergone surgery for appendicitis. The Ist and 2nd opposite parties without diagnosing the disease properly performed the surgery for appendicitis which is unwarranted .and as such the action of the Opposite parties amounts to deficiency in service.



7. Point No:2

In the result, the complaint is allowed. The opposite parties are jointly and severally directed to pay Rs. 4560/- being the medical expenses incurred by the complainant and the opposite parties are also directed to pay a sum of Rs. 50,000/- compensation for mental agony and Rs.5,000/-ascost of the complaint to the complainant. The amounts shall be payable within 6 weeks from the date of receipt of copy of the order failing which the amount shall carry interest at the rate of 9% per annum till the date of payment.