Complainant:


Mr. L.S. Babu
S/o Sheshaiah
Aged about 30 years
R/o No.27, Vijaya Nagara Colony
Udayanagara
Bangalore-16



/vs/



Opposite Parties:


1.JAISHREE NURSING HOME
Udayanagar
II Main, 1st Cross
Bangalore

2.VIJAI HOSPITAL
Vijai Complex
1st Main Road
Pai Layout
Old Madras Road
Bangalore

3.The Oriental Insurance Co. Ltd.,
No.663, Ist Floor, Ist Main
Defence Colony, 100 Feet Road
Indira Nagar Ist Stage
Bangalore – 560 038
(Impleaded as per order dated 25/03/2008)


O R D E R



SRI. G. SIDDANAGOUD, PRESIDENT:

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite party (Op in short) for compensation of Rs.10.00 lakhs, medical expenses of Rs.5.00 lakhs with costs and for such other reliefs.

The brief facts of the case are that the complainant was working in Ideal Solutions, Vasanthnagar, Bangalore and was caring salary of a sum of Rs.6,654/- p.m. The complainant on 10/11/2007 along with his brother had been to Tin factory bus-stand near K.R. Puram bridge on Sunday night to send his mother to Andhra Pradesh and she was settling down in the bus and the complainant and his brother were loading the luggage to the bus at that time, a pick-pocketer tried to flick the complainant’s wallet, immediately the complainant raised alarm and some of the person standing nearby joined the said thief and in the meantime one of the miscreant stabbed the complainant on his left thigh and the complainant was injured. Then the complainant was immediately rushed to near by private hospital, Jaishree Nursing home, i.e., Op No.1. The duty doctor on the OP No.1 without any examination put stitches over the wound and administered an injection to the complainant and then told the complainant that he will be alright within morning and told to remain in the hospital.

Within one hour after administering the injection, the complainant’s hand and leg started swelling. Then the complainant’s brother called the OP No.1 doctor to his mobile bearing number 9980845572 and explained to the Doctor of Op NO.1 to rush immediately to attend his brother, but to the surprise, the Doctor of Op1 replied that he is having food and he will call back after having food and complainants waited for some time, but the doctor did not bothered to call back and did not even bothered to come to the Hospital to attend the complainant. Then seeing the complications, hue and cry and the complainant’s inability to resist the pain, the relatives of the complainant who were along with him in the hospital informed the doctor of OP NO.1 and got shifted to another nursing home named as “Viaji Nursing Home” at Pai layout at 11.00 OM night, who is the second Op herein. The duty doctors of the Second OP initially administered painkillers to the complainant, without any examinations like X-ray, Scan, blood test etc., and they got admitted the complainant and kept him for the whole night till the arrival of the visiting doctors. But during the course of this time, the complainant was also suffering from severe pain and when this fact was brought to the knowledge of the duty doctors, they gave an injection and told that every thing will be alright by morning and on the particular night they also subjected the complainant to undergo bleed and micro chemical analysis. From that apart the relatives also requested the doctors at the night that if there is any complication to the complainant towards his leg or to his life, they would refer to some other big hospital, but the doctors told that there is no complication as such and every thing will be alright by morning and for which the regular visiting doctors will look in the morning. Then in the early morning at about 7AM, the duty doctors also subjected the complainant to under certain tests. They the regular visiting doctors who arrived at 9.30 am 11/11/2007 after looking at the complainant, without any examination suggested to take him to Mahaveer Jain Hospital and when Op2 was insisted by the relatives of the complainant to explain condition of the complainant, to the utter surprise and shock, the Op2 Doctor intimated that they are unable to solve the problem, without giving any explanation.

Immediately the complainant was taken to Mahaveer Jain Hospital, Vasanthnagar, Bangalore at about 10.30 AM on 11/11/2007, wherein the doctors opined that the patient has developed gangrene and it was spreading and there was vascular damage due to stabbing and told that they have to do the operation, but doubted about the fact of saving the leg of the complainant and further told that if a proper treatment would have been given to the complainant within a period of 6 hours from time of injury then they could have saved his leg. Then with a hope of saving the leg of the complainant, the relatives of the complainant took the complainant to the Wockhardt hospital at about 11.30 am on 11/11/2007. Then in ‘Wockhardt” hospital, where the doctors after examine the complainant suggested that since the gangrene has spread the only option in order to save the life of the complainant was to ampute the left leg from the middle of the thigh and they also told that the complainant should be treated within 6 hours of the injury they could have saved the complainant’s leg. Having no other option, the complainant and his relatives in order to save the life of the complainant, consented to accentuate the treatment as suggested by the said Doctors and very unfortunately the left leg was amputed from the middle of the thigh on 11/11/2007 and the life of the complainant was saved. Finally the complainant was discharged on 21/11/2007 after incurring a huge expenses towards the medical expenses and other expenses to an amount of Rs.5,00,000/-.

The complainant is aged about 30 years and he is the key person leading his family with wife, child, mothers and younger brother. The doctors of the OP NO.1 and 2 were so negligent in their duties. Immediately, after the complainant was injured, the complainant had immediately approached the Op NO.1, hospital and for which the Op NO.1 doctor without properly examining the injury and the nature of the injury, just stitched the injury and gave a pain killer injection, subsequently, even though, OP 1 was complained with the complications, hue and cry of the complainant, the Doctor of Op1 never bothered to give instructions nor gave person attention to the complainant and never bothered to respond to the complications and complaints. When the complainant was shifted to the Op No.2 immediately, the hospital authorities of the Op No.2 without taking into consideration the nature of the injury suffered by the complainant did no professional medical efforts to stop the aggravation of said stab injury and due to the said lethargic approach adopted by the Op2, resulted into more complications so as to endanger complainant’s leg and to his life, Op2 kept the complainant for the entire night on the hope of the complainant that the regular doctor will come as early as possible and by only giving the pain killers to him because of which the gangrene was further developed and got spread to his life.

The complainant in order to meet the ends of justice had also got registered a police complaint against the OP NO.1 and 2. The complainant was the only earning person to his family and he had no background at Bangalore and he was leading his family in staying in rented house and was leading family under financial distress and because of this negligent act on the part of the doctors, the complainant is unable to work and his entire family has been left in street. The complainant has suffered mental trauma pain and sufferings only because of the professional negligence on the part of the doctors of the Op 1 & 2 hospitals and for which the complainant was made to suffer a huge medical and other expenses to an amount of Rs.5,00,000/- and still sustaining expenses. Hence the complainant approached this forum.

Notices were sent to the Ops 1 and 2 under RPAD. OP1 notice not served ‘as left’. Learned counsel for complainant taken paper publication for the appearance and version of Op1 as they are unable to trace the address of Op1. The paper publication was ordered for the appearance and version of Op1. The same was affected but Op1 remained absent and no one represented Op1. Hence Op1 placed ex-parte. Complainant filed his evidence with copies of documents. Op2 appeared through its counsel, filed its version and also gave evidence by way of affidavit. Counsel of Op2 submitted an application to implead Oriental Insurance Company as one of the Ops because they are covered under the insurance policy issued by the Oriental Insurance Company. The said application was allowed and Op2 was permitted to implead Oriental Insurance Company as Op3. Notice was issued to Op3 and the same was served on it. But Op3 remained absent even though called twice and no one represented Op3. Hence Op3 placed ex-parte.

Counsel of complainant filed an application with interrogatories which are to be answered by Op2. Counsel of Op2 objected for interrogatories. But the application of the complainant was allowed as no prejudice would cause to the Op but helps the forum for just decision of the case. The learned counsel for Op2 challenged the said order before Hon’ble State Commission and the same was rejected by Hon’ble State Commission. OP2 submitted his answers. Counsel of Op2 submitted interrogators which are to be answered by the complainant and the same were answered by the complainant. Heard arguments for learned counsel for complainant and counsel of both parties submitted their written arguments also.

The learned counsel for Op2 mainly relied on Hon’ble Supreme Court reported as Martin F D’souza V/s Mohd. Ishfaq in AIR SCW 1807. When we peruse the documents before filing the complaint it was referred to Karnataka Medical Council on the complaint of complainant alleging professional negligence on the part of Ops 1 and 2. On 27/11/2008 after filing of this complaint Karnataka Medical Council gave its order. Their discussions and order are as follows.

Discussion:

The 1st Respondent did not appear before the Karnataka Medical Council and it is doubtful whether the said “Jayashree Nursing Home is existent or not, and hence the Police is requested to trace the owner of Jayashree Nurshing Home and produce him before the Karnataka Medical Council.

As per the 2nd Respondent is concerned namely Vijai Hospital, the available evidence both documentary and oral revealed, that they have attended the patient and advised the attendants to shift the patient to a major hospital for further investigation and treatment. Hence they have discharged their duties as per the protocol.

O R D E R

Karnataka Medical Council is of the unanimous opinion that there was no negligence on the part of Respondent (2) (Vijai Nursing Home) and hence ‘EXONERATED’.

The police requested to trace the owner/doctor of Jayashree Nursing Home who attended the patient and produce them before the K.M.C for enquiry.